도로교통법위반(음주측정거부)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. The gist of the grounds for appeal asserts that the defendant is too unaffortable that the punishment (7 million won of fine) declared by the court below is too unaffortable, and the prosecutor asserts that the sentence imposed by the court below is too unaffortable and unfair.
2. Prior to the judgment on the grounds for appeal by both ex officio determination, the prosecutor examined the first head of the facts charged in the instant case at the time of the trial, and the prosecutor applied for the amendment of a bill of amendment to the indictment with the phrase “the defendant was sentenced on September 25, 2014 to three years of suspension of execution on the ground of obstruction of performance of official duties from the Changwon District Court Branch Branch of Busan District on September 17, 2014, and the above judgment became final and conclusive on September 25, 2014,” respectively, in the applicable provisions of law. Since the subject of adjudication was changed by the court’s permission, the judgment of the court below was no longer maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, on the ground that the above ground for reversal ex officio is based on the above reasons, and the judgment below is again
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: "The defendant was sentenced to three years of suspension of execution on September 17, 2014 by imprisonment with prison labor for the crime of obstruction of performance of official duties in the Changwon District Court's Busan District Court's branch on September 17, 2014, and the above judgment became final and conclusive on September 25, 2014" in the summary of the evidence as stated in the last column of the evidence, and it is identical to the corresponding column of the evidence, except for addition of "1. criminal records: the copy of the judgment, the search of the case," respectively, and thus,
Application of Statutes
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;
1. The latter part of Article 37 and the main sentence of Article 39(1) of the Criminal Act concerning concurrent crimes (the former part of Article 39 of the Criminal Act concerning the obstruction of performance
1. The detention at a workhouse on May 14, 2014 of the former Criminal Act.