도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The sentencing of the court below (No. 1: imprisonment with prison labor for 6 months and 2 months: imprisonment with prison labor for 10 months) is too unreasonable.
2. The judgment of this court ex officio rendered a concurrent hearing of each appeal against the judgment below. Since each of the offenses of the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act.
The judgment of the court below cannot be maintained in its entirety.
3. The judgment of the court below is reversed ex officio, and 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, and it is again decided after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence is as stated in each corresponding column of the judgment below.
Application of Statutes
1. Relevant Article of the Act and Articles 148-2(1)1 and 44(1) (the driving of alcohol, the choice of imprisonment), Article 366 of the Criminal Act, and Article 257(1) of the Criminal Act (the choice of imprisonment, respectively) concerning the facts constituting an offense;
1. Article 35 of the Criminal Act for aggravated repeated crimes (i.e., the crime of injury);
1. A victim of a crime of injury on the grounds of sentencing as prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes with severe injury as prescribed by the most severe punishment: Provided, That the lowest sentence shall be the punishment prescribed by the crime of violating the Road Traffic Act (driving), and shall be the same] of the Act on the Aggravated Punishment of Concurrent Crimes, the victim of the crime of injury was injured for about two weeks, and the victims of the crime of injury are less likely to suffer damage than KRW 400,000 and KRW 300,000,000.
The Defendant agreed with K of the victims of the crime of injury and damage.
The Defendant was physically and mentally weak at the time of committing the crime of injury and damage to property.
However, the defendant has a record of being punished several times for violent crimes, and in particular, after having been sentenced to punishment due to the crime of bodily injury, the execution of punishment has been completed, and such repeated crime is repeated.