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.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Of the facts charged against the Defendant, the lower court dismissed the prosecution regarding the assault against the Victim G and the Victim F, and sentenced the Defendant guilty regarding the remainder.
However, since the defendant appealed the part of the judgment of the court below and did not appeal the part of the dismissal of the public prosecution with the defendant and the prosecutor, the part of the judgment of the court below which dismissed the public prosecution becomes the object of the judgment of this court.
2. The summary of the reasons for appeal is that the respective punishment of the original court (No. 1: imprisonment with prison labor for 6 months, 2 months: imprisonment for 4 months, 3 months: fine for 2.5 million won, 2.5 million won for 4 million won: fine for 2.0 million won) is too unreasonable.
3. Before determining on the grounds for appeal by the Defendant’s ex officio, this Court held that the appeal case against the judgment below was consolidated and tried. Each of the offenses of the judgment below consolidated in the trial by the court below is a concurrent offense under the former part of Article 37 of the Criminal Act. As such, it should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all reversal.
Therefore, the above judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal of sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted 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 (the point of drinking), Article 257(1) of the Criminal Act (the point of injuring a person), Article 152(1) of the Road Traffic Act concerning criminal facts.