도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (e.g., punishment of imprisonment with prison labor for 6 months and 8 months) of the original judgment (e.g., imprisonment with prison labor for 6 months and 2 months) is too unreasonable.
2. The court of the trial at its discretion decided to hold a joint hearing of each appeal case against the defendant by the court below.
The judgment of the court below, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, should simultaneously be sentenced to a single punishment within the scope of punishment for aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act.
In this respect, all 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 assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is reversed in its entirety, and it is again decided as follows.
Criminal facts
The summary of facts constituting an offense and evidence acknowledged by this court shall be as shown in the corresponding column of the original judgment.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a drunk driving on December 13, 2014), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of a drunk driving on December 23, 2014), and each choice of imprisonment;
1. Of concurrent crimes, the defendant's reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (However, the lowest limit is determined by each crime of violation of the Road Traffic Act) reflects his/her mistake, and there is no record of punishment until now, the defendant has agreed with the victim D, and the vehicle of the defendant is covered by a comprehensive insurance, and the damage is expected to have been recovered by the insurance company paying medical expenses, etc. to the victim, and the defendant is expected to have been recovered.