도로교통법위반(음주운전)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (three million won of fine) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to a suspended sentence of 2 years, probation, and an order to attend a alcohol poisoning course for 40 hours in August of imprisonment for the purpose of violating the Road Traffic Act in the case of the Jung-gu Government District Court 201 High Court 2796 on March 8, 2012, and that the above judgment became final and conclusive on March 16, 2012. Thus, the crime of violating the Road Traffic Act and the crime of violating the Road Traffic Act in the latter part of Article 37 of the Criminal Act are concurrent crimes with the crime of violating the Road Traffic Act of which the judgment becomes final and conclusive, and the punishment is determined after examining whether to reduce or exempt the punishment, taking into account equity and equity in cases where the judgment becomes final and conclusive pursuant to Article 39(1) of the Criminal Act. However, the court below did not take such measures, and therefore, the judgment below has determined the sentence no longer maintained.
3. In conclusion, the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are as follows: "The defendant was sentenced to the suspension of the execution of 2 years, probation, and an order to attend the alcohol addiction treatment for 40 hours at the Jung-gu District Court on March 8, 2012, and the above judgment became final and conclusive on March 16, 2012," in the summary of the evidence, "1. The prosecutor's investigation report (the confirmation of the final judgment), the case detailed inquiry, and the copy of the judgment (the Jung-gu District Court 201 High Court 2796)" in each of the first criminal facts of the court below.