도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (one hundred months of imprisonment) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.
The court below decided to punish each of the concurrent crimes against the violation of the Road Traffic Act (drinking driving), the violation of the Road Traffic Act (drinking driving without a license), and the violation of the Guarantee of Compensation for Automobile Damages (drawing: Provided, That the crime of violation of the Road Traffic Act (drawing) and the violation of the Road Traffic Act (drawing without a license) shall be punished by the ordinary concurrent crimes, and sentenced to ten months by the aggravated punishment. However, although the statutory minimum of the statutory penalty under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act applicable to the violation of the Road Traffic Act (drawing) as stated in the judgment of the court below is one year of imprisonment, the court below should have reduced the minimum sentence under the conditions as prescribed by the Act in order to sentence the defendant for ten months of imprisonment.
Nevertheless, the lower court, without going through such a process, sentenced to a punishment that deviates from the scope of the applicable sentences in law, and thus, the lower judgment was no longer maintained.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 unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 148-2(1)1, 44(1)1, and 152 subparag. 1, and 43 of the Road Traffic Act (a repeated drinking), Article 46(2)2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (a point of operating an automobile with no mandatory insurance) concerning criminal facts.