도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a year and a fine of KRW 5,00,000.
The defendant above.
1. The summary of the grounds for appeal (e.g., both types of punishment) of the original judgment is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant, this Court decided to hold a joint hearing of each appeal case against the judgment of the court below. Each of the offenses against the defendant in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any
Therefore, without further proceeding to decide on the grounds for appeal of unfair sentencing by the defendant, the judgment of the court below is reversed ex officio under Article 364(2) and (6) of the Criminal Procedure Act, and the following is again decided through pleading.
Criminal facts
The summary of the facts constituting a crime and evidence acknowledged by this court in the first instance judgment is "the defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Incheon District Court on March 26, 2010. The defendant was sentenced to a fine of six million won for a violation of the Road Traffic Act at the Sungwon District Court on August 27, 2013. The defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act at the Incheon District Court on November 25, 2013." The defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act at the Incheon District Court on March 26, 2010. The defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Sungnam District Court on August 27, 2013, and the defendant was sentenced to a fine of six million won at the appellate court on August 26, 2013, and the defendant was sentenced to a fine of three hundred five million won for the same offense."