도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The decision of the court below on the summary of the reasons for appeal (6 months of imprisonment) is too unreasonable.
2. On March 27, 2013, the judgment of the court below issued a summary order of KRW 2 million at the Jeonju District Court on June 8, 2004 as a crime of violating the Road Traffic Act, and on March 27, 2013, the same court applied for a revision of the indictment to the effect that “the defendant was sentenced to one year to a suspended sentence of six months for a violation of the Road Traffic Act” in the charges of this case 【The defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act at the Jeonju District Court on March 27, 2013, and applied for a revision of the indictment to the effect that “the defendant was sentenced to a suspended sentence of one year for a suspended sentence of six months for a violation of the Road Traffic Act” and the judgment of the court below was no longer maintained.
3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
Punishment of the crime
【The Defendant was issued a summary order of KRW 2 million on June 8, 2004 by the Jeonju District Court on the grounds of a violation of the Road Traffic Act (driving), and on March 27, 2013, the Defendant was sentenced to a suspended sentence of KRW 1 million for six months by the same court on the grounds of a violation of the Road Traffic Act. On February 19, 2014, the Defendant was sentenced to a suspended sentence of KRW 4 months by imprisonment for a violation of the Road Traffic Act (non-licensed driving) at the same court on the same date on the 27th day of the same month, and the said suspended sentence was invalidated by the final judgment on the ground that the said judgment became final and conclusive, and the period of parole passed on October 28, 2014 during the execution of each of the said punishments at the Incheonan Open Prison.
【Criminal facts】 The Defendant is under the influence of alcohol level of 0.149% in the blood alcohol level without a driver’s license in front of the Pyeongtaek Village in the front of the door-to-door unfung-gun of North Korea on September 22, 2015.