도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
However, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that each sentence imposed by the court below (one year of suspended sentence in June, and two years of suspended sentence in June) is too unreasonable.
2. Prior to the judgment on the grounds for ex officio appeal, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2. This court tried at a concurrent hearing of the above two appeals. Each of the crimes against the defendant in the first and second cases is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.
3. As such, 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 for sentencing, and the judgment below is reversed in entirety, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (Unlicensed Driving) of the same Act concerning the facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving a motor vehicle) of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant was sentenced to the suspension of indictment once due to driving under the influence of alcohol in 2016; and (b) the Defendant was sentenced to one year of suspension of execution on September 20, 2016 due to driving under the influence of alcohol or without a license for driving under the influence of alcohol in the Changwon District Court; (c) the Defendant was sentenced to one year of suspension of execution for six months from September 20, 2016; and (d) the Defendant appealed against the judgment of the appellate court.