도로교통법위반(음주운전)등
All judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
provided that this ruling has become final and conclusive.
1. Each sentence (the first instance judgment: imprisonment with prison labor for 8 months and the second instance judgment: imprisonment with prison labor for 4 months) imposed on the Defendant in the summary of the grounds for appeal is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the first and second judgments were sentenced to each of the judgment below against the defendant, and the defendant filed an appeal against the first and second judgment, and this court decided to hold a joint hearing of the above two appeals cases. Each of the crimes against the defendant in the first and second judgment against the defendant in the concurrent relation of concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained as it is, since it is a single sentence under Article 38(1) of the Criminal Act.
3. If so, 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 as to the judgment of the court below Nos. 1 and 2, and it is again decided following the oral argument as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Operation of a motor vehicle without a license under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act for criminal facts: Operation of a motor vehicle which is not covered by mandatory insurance under Articles 152 (1) 1 and 43 of the Road Traffic Act: Occupation of damage or damage of property on duty under Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act: Article 151 of the Road Traffic Act;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act (free license) as of December 1, 2015, and a violation of the Road Traffic Act (the punishment imposed on a violation of the Road Traffic Act (free license) with heavier punishment);
1. Crimes of violation of the Road Traffic Act, each of them;