도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (unfair sentencing) each of the original judgments (the first instance court: imprisonment with prison labor for 8 months and the second instance court: 10 months) is too unreasonable.
2. The judgment of the court below ex officio decided to hold a joint hearing of each appeal case against the defendant.
Each crime of the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be sentenced simultaneously in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.
Criminal facts
The summary of facts and evidence acknowledged by this court is as follows: the defendant was sentenced to a summary order of 2.5 million won for the crime of violation of Road Traffic Act (driving without a license) at the Seoul Northern District Court on October 11, 2007; on May 29, 2008, he was sentenced to a fine of 2.5 million won by the Jeonju District Court on May 13, 201; on January 13, 201, he was sentenced to a summary order of 3 million won for the crime of violation of Road Traffic Act (driving without a license) at the Jeonju District Court on January 3, 201; and on May 4, 2014, the sentence was completely executed by the Jeonju District Court on May 4, 2014.
Inasmuch as the lower judgment’s respective columns are the same as that stated in each corresponding column of the lower judgment, the same shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (1) 1, Article 44 (1) (hereafter referred to as "driving" in this Article), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. A person under Articles 40 and 50 of the Criminal Act for the commercial concurrent crimes (amended by November 14, 2016).