도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. According to the records of ex officio determination, the Defendant was sentenced to six months of imprisonment with prison labor for injury, etc. at the Busan District Court on July 5, 2017, and the above judgment became final and conclusive on October 20, 2017. Since each crime of injury and the above bodily injury, etc. in the judgment of the court below against the Defendant, which became final and conclusive on October 20, 2017, in relation to a group of concurrent crimes after Article 37 of the Criminal Act, the Defendant should be sentenced in consideration of equity with the case where the judgment is rendered simultaneously pursuant to Article 39(1)
3. If so, 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 about sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts constituting an offense and evidence recognized by this court is as follows: “The Defendant was sentenced to six months of imprisonment with prison labor on July 5, 2017 by the Busan District Court; and the above judgment was finalized on October 20, 2017.
In addition, “a summary of the evidence” is added and “a copy of the screen for inquiry of the consolidated case”;
1. In addition to the addition of “a copy of the judgment,” it is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);
1. Selection of each sentence of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The meaning of concurrent crimes;