도로교통법위반(사고후미조치)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. Summary of grounds for appeal;
A. Although the crime of this case committed by the defendant with mental or physical weakness was under the influence of alcohol, loss of mental or physical health above the spirit, or with mental or physical weakness, the judgment of the court below which did not consider the crime is unlawful (the defendant asserted the above reasons on July 6, 2018, and did not explicitly withdraw from the trial date on the grounds of appeal by the defendant on July 6, 2018). (b) The sentence of the court below which was unfair in sentencing (the imprisonment of 6 months and 200,000 won) is too unreasonable.
2. Determination
A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
The defendant's driving of a vehicle while under the influence of alcohol without a driver's license is one driving under the social concept.
As such, the crime of violation of the Road Traffic Act and the crime of violation of the Road Traffic Act (non-licensed driving) are in an ordinary concurrent relationship under Article 40 of the Criminal Act (see, e.g., Supreme Court Decision 2012Do5108, Jul. 5, 2012). The lower court separately established the crime of violation of the Road Traffic Act (non-licensed driving) and the crime of violation of the Road Traffic Act (non-licensed driving) with respect to each of the criminal facts stated in the judgment below, respectively, and the crime is in an ordinary concurrent relationship under Article 37 of the Criminal Act.
There is an error of law, and such illegality has influenced the judgment.
In this respect, the judgment of the court below is no longer maintained.
However, the judgment of the court below is still subject to the judgment of the court, because the defendant's mental and physical weakness argument is still subject to the above ex officio reversal.
B. According to the record of determination on the assertion of mental and physical weakness, the fact that the Defendant was receiving medical treatment with alcohol dependence at the time of each of the instant crimes, and the fact that he was under the influence of alcohol at the time of each of the instant crimes is recognized.
However, the circumstances and means of each of the crimes of this case, which were duly adopted and examined by the court below, are recognized.