도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. We examine ex officio prior to the defendant's appeal for ex officio, the violation of the Guarantee of Automobile Accident Compensation Act by the defendant, the violation of the Road Traffic Act, and the violation of the Road Traffic Act, and the violation of the Road Traffic Act by negligence during the operation of vehicles, are in a substantive concurrent relationship with each other under the former part of Article 37 of the Criminal Act in light of the purpose of legislation, protected legal interests, and applicable areas. Therefore, the concurrent crimes should be subject to Article 38
Nevertheless, the court below committed the violation of the Road Traffic Act (driving) and the violation of the Guarantee of Automobile Accident Compensation Act as the ordinary concurrent crimes, and affected the judgment. In this regard, the judgment of the court below is no longer possible.
3. Accordingly, 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, and the judgment below is again decided as follows after oral argument.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose a punishment (the main driving, the selection of imprisonment), Article 151 of the Road Traffic Act (the occupation of causing damage to property by negligence, the selection of imprisonment without prison labor), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the occupation of operating vehicles which are not mandatory insurance and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant is aware of and reflects the instant crime.