도로교통법위반(음주운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
The summary of the grounds for appeal (unfair punishment) that the court below sentenced (two months of imprisonment, two years of suspended sentence, one hundred and sixty hours of community service, and forty hours of order to attend a law-abiding driving course) is too unfford and unreasonable.
Before the judgment on the grounds for appeal by the prosecutor ex officio, the defendant was sentenced to two years after he was sentenced to a suspension of execution on September 12, 2014 at the Suwon District Court's Eunpyeong Housing Site on September 3, 2014 due to the violation of the Road Traffic Act and the violation of the Guarantee of Automobile Accident Compensation Act, and the judgment became final and conclusive on September 12, 2014. As such, the crime of violation of the Road Traffic Act, etc. for which the judgment became final and conclusive, and the crime of this case are determined after examining whether to reduce or exempt punishment in consideration of equity and the case of concurrent crimes under the latter part of Article 37 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.
Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument on the grounds of ex officio reversal, and it is again decided as follows.
[C] The summary of the facts constituting a crime and evidence recognized by this court is as stated in the corresponding column of the judgment below, except for the addition of "the defendant was sentenced to the suspension of execution two years from September 3, 2014 to the violation of the Road Traffic Act (driving) and the violation of the Guarantee of Automobile Accident Compensation Act as a result of the violation of the Road Traffic Act (driving) and the violation of the Guarantee of Automobile Accident Compensation Act, and the judgment became final and conclusive on September 12, 2014" as stated in the corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (a point of sound driving) concerning criminal facts, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act.