도로교통법위반(음주운전)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. An act of driving a motor vehicle under the influence of alcohol without obtaining a driver's license is called a single driver's license in light of social norms.
Therefore, the crime of violation of road traffic law (drinking driving) and the crime of violation of road traffic law (drawing driving without a license) are in an ordinary concurrence relationship under Article 40 of the Criminal Code.
Therefore, (see, e.g., Supreme Court Decision 2012Do5108, Jul. 5, 2012). Under the premise that the above two crimes are concurrent crimes under the former part of Article 37 of the Criminal Act, the court below committed an unlawful act of imposing punishment within the scope of aggravated punishment under Article 38(1) of the Criminal Act, and such unlawful act affected the judgment.
In this respect, the judgment of the court below can no longer be maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and his/her defense counsel's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act (non-licensed driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. The defendant committed the instant crime without being aware of the fact that he/she committed the instant crime without being aware of the fact that he/she was sentenced to imprisonment with labor for the same kind of crime three times (one time of suspended execution and two times of fines), and in particular, he/she committed the instant crime without being aware of the fact that he/she was sentenced to a two-year suspended sentence for six months of suspended execution.