도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Each sentence (No. 1: Imprisonment with prison labor for 7 months and imprisonment for 3 months) declared by the original court which declared the gist of the grounds for appeal is unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the case of this Court No. 2014No571, which is the appeal case against the judgment of the court of first instance, and the case of this Court No. 2014No1108, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the oral proceedings. Each of the crimes of the judgment of the court of first and second is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows.
【Grounds for the Judgment of multiple times】 Criminal facts and summary of evidence recognized by the court are the same as stated in each corresponding column of the judgment of the court below. Thus, all of the judgments are cited 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 the 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are favorable circumstances, such as the fact that the Defendant recognized all of the facts charged in the instant case and reflects each of the instant facts charged, and the Defendant, despite being sentenced to a suspended sentence on July 18, 2012, was under the suspension of execution on June 1, 2013 during the period of the suspended sentence.