도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal (the first judgment: 2 years of suspended execution in one year of imprisonment, and the second judgment: 1 year and 6 months of imprisonment) of the lower court is too unreasonable; and
2. The Defendant filed an appeal against the judgment of the court below, and the trial court decided to consolidate the above appeal cases.
However, each crime of the judgment below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and thus, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act. Thus, the judgment below cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is so decided as follows.
[Discied reasoning of the judgment] Criminal facts and the summary of the evidence recognized by the court below and the summary of the evidence are the same as the stated in each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1), Article 3 (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Act on Special Cases concerning the Guarantee of Automobile Accident Compensation;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Road Traffic Act by September 9, 2019, the violation of the Road Traffic Act by September 9, 2019, the mutual violation of the Road Traffic Act, and the punishment imposed on a violation of the Road Traffic Act with heavier punishment);
1. Determination of each sentence of imprisonment without prison labor for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment and the Violation of the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;