도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Each of the facts charged in this case.
1. The sentence of the lower court (one year of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.
2. Ex officio determination is made on the violation of each of the instant charges of violation of the Road Traffic Act.
This part of the facts charged is an offense falling under Article 151 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019) and may not be prosecuted against the express will of the victim pursuant to the main sentence of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.
According to the records of this case, the victim F and H of the crime in question expressed their intent not to be punished against the defendant by submitting a written agreement on April 12, 2019, when the judgment of the court below was pending, and therefore, they must dismiss this part of the prosecution pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.
Nevertheless, the judgment of the court below which found the defendant guilty of the above facts charged shall be reversed as it is unlawful.
3. As to the violation of the Road Traffic Act among the judgment below, there is a ground for ex officio reversal, and the crime of violation of the Road Traffic Act should be sentenced to one punishment in relation to the remaining convictions and concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court
Therefore, the judgment of the court below is reversed under Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's statement of unfair sentencing, and the judgment is again rendered as follows.
【Reasons for the judgment in 200,000 won of fine” is the corresponding column of the judgment of the court below, except for the corresponding part of the judgment of the court below in violation of the Road Traffic Act of "2019,000,000 won", since it is identical to the corresponding column of the judgment of the court below, Article 369 of the Criminal Procedure Act shall be cited as it is, in accordance with Article 369 of the Criminal Procedure Act.
Summary of Evidence
"2019 Highest 499"
1. Defendant's legal statement;
1. A report on the statement of the status of a driver, a report on the status of a driver, and the status of a driver;