도로교통법위반(음주운전)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. The sentence of the lower court (a fine of three million won) against the Defendant on the summary of the grounds of appeal is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the court below ex officio examined the defendant's grounds for appeal, and found that the violation of the Road Traffic Act (driving without a license) and the violation of the Road Traffic Act (driving without a license) and the violation of the Guarantee of Automobile Accident Compensation Act are concurrently related to each other under the former part of Article 37 of the Criminal Act. Thus, the court below determined the punishment within the scope of the term of punishment for concurrent crimes under Article 38(1) of the Criminal Act. However, the court below erred by omitting heavy aggravation of concurrent crimes.
In this respect, the judgment of the court below is no longer maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in the corresponding column of the judgment 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 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);
1. Selection of each alternative fine for punishment;
1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;