도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. The summary of the grounds for appeal (the first judgment: imprisonment with prison labor for 2 years and 6 months, and the second judgment: imprisonment with prison labor for 4 months) of the lower court is too unreasonable; and
2. The first and second original judgments were pronounced on the defendant for ex officio judgment, and both the defendant filed an appeal. The court decided to consolidate the above two appeals cases. Each of the crimes in the first and second original judgments against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one sentence pursuant to Article 38(1) of the Criminal Act. Thus, the first and second original judgments cannot be maintained as they are.
3. If so, the first and second judgment of the court below is based on the above reasons for the reversal of authority. Thus, without examining the defendant's respective arguments of unfair sentencing, all of them are reversed under Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.
【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to the facts in each corresponding column of the judgment of the court below.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, Articles 314 (1) and 30 of the Criminal Act, Article 136 (1) of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 153 of the Road Traffic Act, the choice of imprisonment for each of the types of punishment;
1. It is recognized that the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders is that the defendant has divided and reflected all of the crimes of this case, and that the vehicle used for the violation of the Road Traffic Act of this case is scrapped on March 12, 2020 and disposed of by moving the vehicle used for the violation of the Road Traffic Act to another on July 6, 2020.
However, the occurrence of a traffic accident.