도로교통법위반(음주운전)등
All judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Each sentence (No. 1: Imprisonment with prison labor for 8 months and imprisonment for 6 months) imposed on the defendant in the summary of the grounds for appeal is too unreasonable.
2. Prior to the judgment on the grounds for ex officio appeal, the judgment of the court below Nos. 1 and 2 against the defendant was rendered, and the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold a joint hearing of the above two appeals cases. Each of the offenses of the judgment of the court below Nos. 1 and 2 against the defendant is a concurrent offense under the former part of Article 37 of the Criminal Act, and thus, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.
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 as to the judgment of the court below Nos. 1 and 2, 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 is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Driving a motor vehicle under the influence of alcohol as to the facts constituting an offense: Driving without a license under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act: Article 329 of the Criminal Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Traffic Act on December 29, 2015 and the crimes of violation of the Road Traffic Act (non-licenseed driving) on the road of December 29, 2015, between the crimes of violation of the Traffic Act on the road of March 30, 2016, and between the crimes of violation of the Traffic Act on the road of March 30, 2016, and between the crimes of violation of the Traffic Act (non-licenseed driving) on the road of each sentence, and the crimes of violation
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.