도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. Each sentence of the lower court (No. 1: imprisonment with prison labor for 6 months and 2 months: imprisonment with prison labor for 10 months) against the accused on the summary of the grounds of appeal is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
The judgment of the court of first instance and the judgment of the court of second instance rendered each judgment against the defendant, and the defendant filed each appeal against them, and this court decided to hold a joint hearing of the above two appeals cases.
Accordingly, each crime of the first and second judgment against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Code, and one punishment should be sentenced in accordance with Article 38(1) of the Criminal Code.
In this respect, the judgment of the court below Nos. 1 and 2 cannot be maintained as it is.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the defendant's unfair argument of sentencing.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), Article 366 of the Criminal Act (the point of destroying property, the choice of imprisonment), Article 148-2(1)1 and Article 44(1) of the Road Traffic Act (the point of driving alcohol, the choice of imprisonment), Article 151 of the Road Traffic Act (the point of destroying property and real property, the choice of imprisonment without prison labor), Articles 46(2)2 and 8 of the Guarantee of Automobile Compensation Act (the point of operating mandatory insurance and the choice of imprisonment);
1. The reason for sentencing of concurrent crimes is as follows: the former part of Article 37, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act [the punishment shall be aggravated by concurrent crimes with the punishment stipulated for the offense of violating the Road Traffic Act with the largest punishment, but the punishment shall be imposed by imprisonment].