도로교통법위반(음주운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 80,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.
2. Examining the record of the instant case’s ex officio determination, the Defendant was sentenced on October 31, 2014 by the Incheon District Court to imprisonment for a violation of the Punishment of Violences, etc. Act (the composition of an organization, etc.), and the judgment becomes final and conclusive on March 4, 2015.
The above crime of violation of the Punishment of Violences, etc. Act (the formation of an organization, etc.) and the crime of this case, for which a judgment has become final and conclusive, shall be sentenced in consideration of equity and the concurrent crime under Article 39(1) of the Criminal Act in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act. As such, the lower court
3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts charged by this court and the summary of the evidence are as shown in the corresponding column of the judgment of the court below, except for adding "1. Investigation Report (Attachment of Judgment)" to the summary of the evidence, as stated in the corresponding column of the judgment of the court below, except for the cases where "the defendant was sentenced to eight months of imprisonment by the Incheon District Court for the crime of violation of the Punishment of Violences, etc. Act (the composition of an organization, etc.) at the Incheon District Court on October 31, 2014, and such judgment was confirmed on March 4, 2015."
Application of Statutes
1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;