도로교통법위반(음주운전)등
The guilty portion of 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 not more than ten months.
1. The first instance court found the Defendant guilty of all the facts charged and sentenced the Defendant to eight months of imprisonment and the second instance court’s dismissal of prosecution as to the violation of the Road Traffic Act due to the destruction and damage of occupational negligence among the facts charged, and sentenced the Defendant to eight months of imprisonment, respectively.
The Defendant appealed against each of the above judgment below on the grounds of unfair sentencing as to the guilty portion, and the prosecutor did not appeal.
Accordingly, since the part of the violation of the Road Traffic Act due to the damage of negligence in the course of business became final and conclusive as dismissal of prosecution, the scope of the judgment of this court is limited to the violation of the Road Traffic Act (driving without a license), the violation of the Road Traffic Act (driving without a license), the fabrication of private documents, the uttering of the above investigation document, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes), the violation of
2. The decision of the court below on the summary of the grounds for appeal (an unfair form of punishment: imprisonment with prison labor for 8 months and imprisonment for 8 months) is too unreasonable.
3. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the first and second court sentenced the defendant to a single sentence within the scope of punishment imposed on the defendant under Article 38 (1) of the Criminal Act on the grounds that the defendant was guilty of the first and the second court's judgment, and the defendant filed an appeal as to the guilty portion of the first and the second court's judgment. The first and second court's judgment on the defendant should be sentenced to a single sentence within the scope of punishment imposed on the defendant under Article 38 (1) of the Criminal Act, since the first and second court's concurrent crimes are concurrent crimes under the former part of Article 37 of the Criminal Act, and the first and second court's judgment on the defendant should be sentenced to a single sentence within the scope of punishment imposed on the defendant under Article 38 (1) of the Criminal Act. In this regard, the first and second court's judgment on the defendant should be sentenced to a single sentence.