도로교통법위반(음주측정거부)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. In light of the purport of the grounds for appeal (unfair sentencing) that the defendant recognized the instant crime and reflected against the Defendant, the sentence of the lower court (one year of imprisonment) is too unreasonable.
2. According to the reasoning of the Defendant’s appeal ex officio, prior to the judgment on the grounds for appeal ex officio, the following facts were examined: (a) the Defendant filed an appeal on February 1, 2018 after having been sentenced to six months of imprisonment with prison labor for the crime of injury in the Cheongju District Court Decision No. 2017 High Order No. 2017 High Order No. 243, Apr. 27, 2018; and (b) the Defendant filed an appeal upon having been sentenced to dismissal in the instant case No. 2018No179, Apr. 27, 2018; (c) on the same day, upon receiving the dismissal decision in the Supreme Court Decision No. 2018Do699, Jun. 22, 2018; (d) the above judgment became final and conclusive on the same day; (e) the offense ordered by the lower court is related to the above offense for which judgment became final and the offense under Article 37 of the Criminal Act should be sentenced simultaneously in consideration of equity with the case.
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's unfair argument about sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
[Re-written judgment] The summary of criminal facts and evidence recognized by the court is in the process of final appeal in the part of the criminal records of the judgment below to the Supreme Court.
“The final appeal was filed with the Supreme Court, but was dismissed on June 22, 2018, and the judgment above was finalized on the same day.”
Except for the case of Ro-ro, the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 260 of the Criminal Act applicable to the crime, Article 260 of the Criminal Act (the point of violence) and Article 148-2 of the Road Traffic Act (1) of the Road Traffic Act.