특정범죄가중처벌등에관한법률위반(운전자폭행등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. The Defendant with mental and physical weakness was under the influence of alcohol at the time of committing a crime in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault, etc.).
B. Sentencing of the judgment below (one year and six months of imprisonment with prison labor of the judgment of the court of first instance, and one year of the judgment of the court of second instance) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
The judgment of the court of first instance and the judgment of the court of second instance rendered each appeal against the defendant, and the defendant filed each appeal, and this court made a decision to jointly examine the above two appeals cases, and each offense of the judgment of first and second won against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act.
Therefore, the judgment of the court below Nos. 1 and 2 cannot be maintained as it is.
3. The judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's mental and physical weakness and unfair sentencing, and the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the following judgment is rendered through pleading.
[Grounds for the final judgment] The defendant was notified of a summary order of KRW 3,00,00 as a crime of violating the Road Traffic Act at the Daejeon District Court on April 4, 2013. On September 19, 2014, the same court was notified of a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (driving). On January 8, 2015, the court was notified of a summary order of KRW 6,00,000 as a fine due to the same crime of violating the Road Traffic Act (driving), and on October 12, 2016, the above judgment became final and conclusive on May 19, 2017.
[Criminal facts]
1. On November 19, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (an assault, etc. against a driver) is under the fluorial dynamics in wartime around 08:00.