도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for 10 months and the second instance court: imprisonment with prison labor for 1 month) declared by the lower court is too unreasonable.
2. The defendant filed an appeal against the judgment of the court below and decided to concurrently examine the above appeal cases.
Each crime of the judgment below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of punishment aggravated by concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and it is again decided as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of each judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Articles 347(1) of the Criminal Act; Article 136(1) of the Criminal Act; Articles 136(1) of the Criminal Act; Articles 148-2(2)2 and 44(1) of the same Act (amended by Act No. 15530
1. Article 35 of the Criminal Act among repeated crimes;
1. Among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes with punishment provided for in the crime of fraud against Victim G with the largest punishment: Provided, That the lowest penalty shall be determined by the crime of violation of the Road Traffic Act) is that the defendant left a drinking driving again even though the punishment power for the crime related to drinking driving is several times, and the blood alcohol concentration is higher than 0.135%, fraud and fraud.