도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (unfair sentencing: 1 year of imprisonment; 2 months of imprisonment; 3 years of imprisonment; 1 year of imprisonment) of the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, each case of the judgment of the court below that the defendant appealed was combined in the trial of the party, and each of the offenses of the judgment of the court below against the defendant was concurrent crimes under the former part of Article 37 of the Criminal Act.
In such cases, in accordance with Article 38 of the Criminal Code, one punishment should be sentenced simultaneously, so the judgment of the court below is no longer maintained.
3. As such, the judgment of the court below is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed in its entirety, and it is so decided as follows.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column 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. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act, which are more severe punishment among the crimes of violation of the said Act and the crimes of violation of the said Acts;
1. Selection of each sentence of imprisonment;
1. The grounds for sentencing of concurrent crimes are as follows: (a) the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment and the aggravated punishment shall be aggravated for concurrent crimes with punishment prescribed for a violation of traffic laws with the largest punishment).