도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal is that the punishment of the court of first instance (eight months of imprisonment) and that of the court of second instance (two years of suspended execution, two years of suspended execution, and forty hours of order to attend a law-abiding lecture) are too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, each appeal case against the defendant was joined in the court below for the first time. Each of the offenses of the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment aggravated for concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below is no longer maintained.
3. The lower court’s conclusion is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal, and further decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to the corresponding column of the judgment below, and thus, it is 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 a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and
1. The punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of each Road Traffic Act and the crimes of violation of the Road Traffic Act (unlicensed Operation) and the punishment provided for in the crimes of violation of each Road Traffic Act, of which punishment is heavier;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes with punishment provided for in the Road Traffic Act as of December 28, 2014, heavier punishment for concurrent crimes);
1. The defendant of reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14489, Apr. 1, 201) has been punished three times for the same crime.