도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall be imposed on the defendant.
1. Summary of the grounds for appeal each of the sentencing (as to the judgment of the court below No. 1 and No. 2)
2. We examine ex officio the grounds for appeal prior to the judgment ex officio.
The Defendant filed an appeal against the lower judgment, and this Court decided to jointly deliberate on the two appeals cases.
Each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence shall be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.
3. 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 of sentencing, since the grounds for reversal ex officio exist, and the judgment of the court below is reversed in accordance with the above Article 364 (2).
[Grounds for the new judgment] The criminal facts and summary of evidence recognized by the court are identical to the corresponding column of each judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of repeating drinking), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act (the point of operating an automobile with no mandatory insurance), Articles 151 (1), 31 (1) of the Criminal Act (the point of driving an automobile) of the Road Traffic Act, Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving an automobile without a license) concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, repeated the same crime even though he/she had been punished by drinking alcohol driving.
In particular, it is intended to conceal it even if it is discovered by drinking driving.