도로교통법위반(음주운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the sentence imposed by the lower court on the Defendant (two years of suspended sentence in the month of imprisonment for eight months, two years of probation observation, and forty hours of attending a compliance driving instruction) is too unreasonable.
2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the records of this case revealed that the Defendant, on October 26, 2017, was sentenced to a suspended sentence of one year to one-year imprisonment on the grounds of a violation of road traffic law (driving under drinking), in the Sungnam support by the Suwon Friwon, and on May 5, 2018, it can be recognized that the above judgment became final and conclusive on May 5, 2018. As such, the crime for which the judgment became final and the crime of this case are concurrent crimes under Article 37 of the Criminal Act, and the crime of this case are determined by taking into account the case of concurrent crimes under Article 39(1) of the Criminal Act and equity, so the judgment of the lower court
3. Thus, 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, on the ground that the above ground for reversal exists ex officio. It is so decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is the person who is the person in the second page of the judgment of the court below.
On October 26, 2017, “The part” was sentenced to a suspended sentence of three years on May 5, 2018 by imprisonment with labor for a crime of violation of road traffic law (dacting driving) in support of the Sungnam branch of Suwon Friwon, and the said judgment became final and conclusive on May 5, 2018.
Except for the change to “the pertinent column of the lower judgment,” it is identical to each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The Criminal Act for mitigation of quantity;