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 above punishment shall be imposed for two years from the date of the final judgment.
1. The sentence imposed by the court below on the defendant (eight months of imprisonment) shall be unfairly heavy.
2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for amendments to the indictment with the purport that "the defendant was under the influence of 0.120% of blood alcohol without a driver's license on August 24, 2012, from the river north of the Seoul Han River to the front road of Yongsan-gu Seoul Metropolitan City without a driver's license on August 24, 2012, the defendant applied for amendments to the indictment with the purport that "the defendant driven a D EFet or other motor vehicle from the river north of the Seoul Han River to the front road of Yongsan-gu in Yongsan-gu, Seoul." Since the court permitted the amendments to the indictment, the judgment of the court below was no longer maintained.
3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is again decided as follows.
【Reasons for the Judgment of the Supreme Court which has been written] The summary of facts constituting a crime and evidence recognized by this court is identical to each corresponding part of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, Article 43 of the Road Traffic Act, Article 37 subparagraph 10 of the Resident Registration Act (the point of illegally using resident registration numbers), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on the crimes of violation of the Road Traffic Act, between the crimes of violation of the Road Traffic Act, and the crimes of violation of the Road Traffic Act, and the punishment imposed on the crimes of heavy traffic);
1. Selection of each sentence of imprisonment;
1. Article 37 of the Criminal Code among concurrent crimes.