도로교통법위반(음주운전)등
All convictions in the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.
A defendant shall be punished by imprisonment for two years.
1. Of the facts charged, the judgment of the court below in Article 2 of the scope of the judgment of this court is dismissed as to the violation of the Road Traffic Act due to the destruction and damage of the victim N, and each of the remaining facts charged was pronounced guilty. Since only the defendant appealed to the conviction part of the judgment of the court of second instance, the prosecutor and the defendant's dismissal of the above public prosecution that did not appeal
Therefore, the scope of this court's adjudication shall be limited to the conviction of the first and second judgment.
2. The summary of the reasons for appeal is that the respective punishment of the court below (the first instance court: the imprisonment of 1 year and 6 months, and the second instance court: the imprisonment of 8 months) is too unreasonable.
3. Before determining the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the conviction in the judgment of the court of first instance and the judgment of the court of second instance, and this court decided to hold concurrent hearings of the above two appeals cases. Since the crimes in the judgment of the court of second instance against the defendant are concurrent crimes in the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act, the judgment of the court of first and second instance cannot be maintained as they are.
4. As such, since the judgment of the court of first instance and the judgment of the court of second instance on the conviction grounds as seen earlier, the judgment on the Defendant’s assertion of unfair sentencing is omitted, and the conviction part of the judgment of the court of first instance and the judgment of the court of second instance are all reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the
Criminal facts
The summary of the facts charged and the evidence against the defendant is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 148-2 (1) 1, 44 (1) (a point of sound driving) and 44 of the Road Traffic Act concerning the facts constituting an offense, respectively;