도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s respective sentences (one hundred months of imprisonment) are too unreasonable.
2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were rendered, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. The crimes of the first and second appeals against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act. Thus, the judgment of the court of first and second appeals cannot be maintained as they are.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above unfair sentencing argument by the defendant, and the judgment of the court below is reversed in entirety, and it is again decided as follows through pleading.
【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime (a point of causing injury to a dangerous driving), Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (a point of drinking), Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (a point of drinking), Articles 148-2 (2) 1, and 44 (1) of the Road Traffic Act, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (a point of driving without a non-license) concerning the crime;
1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (or punishment provided for in a crime of violating the Traffic Act of a person on July 29, 2015), between the crimes of violating the Traffic Act of a person on July 29, 2015, and of violating the Traffic Act of a person on October 8, 2015, and between the crimes of violating the Traffic Act of a person on October 8, 2015, and between the crimes of violating the Road Traffic Act of a person on which each punishment is heavier;
1. Selection of each sentence of imprisonment;
1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 (Punishment) of the Criminal Act for the aggravation of concurrent crimes.