도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The punishment (the first instance court: the imprisonment of eight months and the second instance court: the imprisonment of four months) of the lower court against the accused in the summary of the grounds for appeal is too unreasonable; and
2. The judgment of the first and second court on the defendant's ex officio determination was rendered, and the defendant appealed on the grounds of unfair sentencing, and the court decided to concurrently deliberate on the above two appeals.
However, since each crime recognized by the court of original judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.
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 it is again decided as follows, after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of
Application of Statutes
1. Relevant legal provisions concerning criminal facts: Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 14, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of driving without a license)
1. Punishment imposed on a violation of Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act of March 31, 2019 (a person who commits a violation of the Road Traffic Act) and a violation of the Road Traffic Act of March 31, 2019) of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for a violation of the Road Traffic Act with heavier punishment);
1. The Defendant’s reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is the instant crime.