도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The sentence of the court below (two months of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.
2. Before the judgment on the grounds for appeal by the defendant ex officio, the court below examined the following facts: applying Articles 148-2(1)1, 44(1), and 152 subparag. 1, and 43 of the Road Traffic Act to the facts of the crime as stated in the judgment; and, after the ordinary concurrence, selected the defendant to be sentenced to imprisonment for four months; the statutory penalty for the crime of violation of the Road Traffic Act is imprisonment for not less than one year but not more than three years; the statutory penalty for the crime of violation of the Road Traffic Act (unlicensed Driving) is a fine of not more than ten million won; and the statutory penalty for the crime of violation of the Road Traffic Act is imprisonment for not more than one year or for not more than three million won, or for a fine of not more than three million won. Thus, if the crime of violation of the Road Traffic Act goes through an ordinary concurrence, it should be punished by the punishment heavier than the punishment provided for the crime of violation of the Road Traffic Act; and even if the punishment for the crime of violation of the Road Traffic Act is chosen or more than six months.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1.Article 40 of the Criminal Code of Trade and Trade.