도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The punishment of the original court (the first and second instances: imprisonment with prison labor for each of the eight months) against the accused in the summary of the grounds for appeal is too unreasonable.
2. The court of original judgment was sentenced to each of the above judgment after the court of original judgment was examined separately against the defendant, and the defendant filed an appeal both against this judgment, and the court of original judgment decided to hold the above two appeals together.
Each of the first and second original judgments against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and must be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the first and second original judgments cannot escape from all of them.
3. Since the judgment of the court below Nos. 1 and 2 on the grounds of the above ex officio reversal, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant and his defense counsel's assertion of unfair sentencing, and the judgment below is all reversed, and it is again decided as follows after pleading
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 52 subparagraph 2 of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Crimes under Articles 40 and 50 of the Criminal Act (the crime of violating the Road Traffic Act) and the violation of the Road Traffic Act (the crime of driving without a license) dated February 10, 2015;