도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
The summary of the grounds for appeal (unfair punishment) sentenced by the court below is too unreasonable.
In the trial of the court, the prosecutor for ex officio determination applied for changes to the indictment of this case as stated in the facts charged in the judgment below, and the court permitted this and changed the subject of the judgment.
Therefore, the judgment of the court below cannot be maintained as it is.
The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's argument, and the judgment below is reversed and it is again decided as follows.
[C] On April 28, 2006, the Defendant was sentenced to 12 years of imprisonment by the Seoul High Court for murdering and aiding, etc., and completed the execution of the sentence on November 3, 2017.
1. On August 17, 2018, at around 02:22, the Defendant driven a D low-speed car at one’s own seat, under the influence of blood alcohol concentration of 0.106%, from the side at the entrance side of the village of Gyeonggi-gun, B, the Gyeonggi-si, to the day on which Hyeong-gun C3 Street is located.
2. On June 8, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) and the driver’s license was revoked due to driving under the influence of alcohol.
On August 17, 2018, at around 02:22, the Defendant, at the entrance side of the village B of Gyeonggi-gun, driven without obtaining a license for the amount of the D low-speed car owned by the Defendant at a distance of about 3 meters from the side of the village B of Hyeong-gun to Pyeong-gun C3 Distance.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (report on the circumstances of an immigration driver);
1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and report on the control of drinking alcohol;
1. License register;
1. Application of the Acts and subordinate statutes of the hostile inquiry;
1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Punishment;