도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 2,00,000 won.
The defendant above.
1. The summary of the grounds for appeal (No. 1: fine of 2 million won, and fine of 10 million won: imprisonment of 10 months, 2 years of suspended execution, and 160 hours of community service) declared by the original court is too unreasonable.
2. The Court ex officio rendered a consolidated examination of each appeal against the judgment below.
Each crime in the holding of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed in accordance with Article 38(1) of the Criminal Act.
The judgment of the court below has reasons for ex officio destruction.
The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, without proceeding to decide on the grounds for appeal by the defendant, and the judgment is again ruled as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below. Thus, all of the judgment below are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 44 subparagraph 3 of the relevant Act on the Safety Control of Dangerous Substances and Petroleum Substitute Fuel Business Act, Article 29 (1) 1 of the same Act on criminal facts (generally, the point of sale of fake petroleum), subparagraph 1 of Article 35, Article 5 (1) of the Act on the Safety Control of Dangerous Substances (the point of storage of dangerous substances), Articles 151 (1) and 31 (1) of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on each of the offenses of violating the Petroleum and Petroleum Substitute Fuel Business Act and the offense of violating the Safety Control of Dangerous Substances Act, and the punishment imposed on each of the offenses of violating the Petroleum and Petroleum Substitute Fuel Business
1. Selection of a fine for a violation of the Petroleum and Petroleum Substitute Fuel Business Act, a crime of aiding and abetting an offender, respectively, and a fine for a violation of the Road Traffic Act;
1. Of concurrent crimes, a violation of the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act, and a violation of the Petroleum and Petroleum Substitute Fuel Business Act and a crime of aiding and abetting an offender are more severe punishment;