도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal is too unreasonable that each sentence imposed by the court below (the first instance court's sentence: imprisonment with prison labor for six months and the second instance court's sentence: imprisonment with prison labor for eight months) is too unreasonable.
2. Prior to the judgment on the grounds for ex officio appeal, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2. This court tried at a concurrent hearing of the above two appeals. Each of the crimes against the defendant in the first and second cases is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.
3. As such, 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 for sentencing, and the judgment below is reversed in entirety, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of a sentence of imprisonment with prison labor for each crime of violating the traffic laws on roads;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of weight is that the defendant was sentenced to three times due to drinking driving, one time due to driving without a license, and one time due to driving without a license, and the defendant was sentenced to a suspension of the execution of imprisonment for six months due to driving on October 4, 2017 at the Changwon District Court Musan Branch on January 11, 2017, and the defendant appealed to that effect and the defendant appealed to that effect.