도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The main points of the grounds for appeal are that the sentence imposed by the court below on the defendant (Article 1: 2 years of suspended sentence in June, 2 years of suspended sentence, 1 year of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, this Court tried ex officio prior to the judgment on the grounds for appeal of ex officio, and this Court tried by combining these cases with the Defendant’s appeal against each of the judgment below. Each of these crimes committed by the above Defendant constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, should be adjudicated simultaneously pursuant to Article 38 of the Criminal Act and sentenced to a single sentence. In this regard, each of the judgment below
3. Accordingly, the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and it is so decided as follows.
Criminal facts
The summary of the evidence and the facts charged by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Article 331(2) and (1) of the Criminal Act that choose punishment (the point of special larceny), Article 329 of the Criminal Act, Article 362(1) of the Criminal Act (the point of acquiring stolens), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the point of acquiring stolens), Articles 152 Subparag. 1 and 43 of the former Road Traffic Act (Act No. 10382, Jul. 23, 2010) and Articles 148-2 Subparag. 1 and 44(1) of the former Road Traffic Act (the point of conducting sound driving);
1. Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act in the judgment of the court of first instance and the violation of the Road Traffic Act, and the punishment imposed on a violation of the Road Traffic Act with heavier punishment);
1. Selection of punishment (excluding special larceny) to imprisonment with prison labor;
1. Of concurrent crimes, the punishment of the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act is the largest;