도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant was in a state of mental and physical loss or mental weakness by drinking while committing each of the instant crimes.
2) The sentence sentenced by the court below to the defendant (the first instance court: imprisonment with prison labor for one year, and the second instance court: imprisonment with prison labor for six months) is too unreasonable.
B. The sentence (six months of imprisonment) imposed on the Defendant by the second instance judgment of the prosecutor (the second instance judgment) is too unfasible and unreasonable.
2. The appellate court, ex officio, decided to hold a joint hearing of each appeal case against the defendant by the lower court.
Since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, a single punishment shall be imposed within the scope of the term of punishment for which concurrent crimes are aggravated by judgment pursuant to Article 38(1) of the Criminal Act.
In this respect, all judgment of the court below cannot be maintained as it is.
However, there is reason to reverse ex officio as above.
Even if the defendant's argument about mental disorder is still subject to the judgment of this court, it will be examined below.
3. According to the records on the Defendant’s assertion of mental disorder, even though the Defendant was in a drunken state at the time of each of the instant crimes, considering such circumstances, it cannot be deemed that the Defendant’s ability to discern things or make decisions at the time of each of the instant crimes was lost or weak, in light of the circumstances such as the background, means and methods of each of the instant crimes, the Defendant’s attitude and behavior before and after the instant crimes, and the circumstances after the instant crimes.
This part of the defendant's assertion is without merit.
4. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal, and the judgment below is reversed in entirety, and the following is again decided after pleading.
Criminal facts
The Court shall have jurisdiction over the summary of the evidence and evidence.