도로교통법위반(음주운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal is unreasonable because the punishment of the court of first instance (six months of imprisonment) and that of the court of second instance (six months of imprisonment) are too unreasonable.
2. We examine ex officio prior to the judgment on the grounds of appeal on the grounds of unfair sentencing by the defendant.
Each court below sentenced the defendant to six months of imprisonment after having completed a separate hearing against the defendant.
The defendant filed an appeal against the original judgment of the first and the second original judgment, and this court rendered a ruling to jointly examine the above two appeals cases.
Each crime in the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single punishment shall be pronounced concurrently in accordance with Article 38 (1) of the Criminal Act.
In this respect, each judgment of the court below cannot be maintained as it is.
3. The judgment of the court below on the grounds of the above ex officio reversal, without examining the defendant's assertion of unfair sentencing, all of the judgment below ex officio is reversed under Article 364 (2) of the Criminal Procedure Act, and the following decision is rendered through pleading.
Criminal facts
The summary of the evidence and each criminal facts recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted 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 (the point of driving under the influence of alcohol according to the judgment of the court of first and second instances) for a crime, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act (the point of driving under the influence of alcohol according to the judgment of the court of second instance) for a crime;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed on the crimes of violating the Road Traffic Act as stated in the judgment of the court of first and second instances, between the crimes of violating the Road Traffic Act as stated in the judgment of the court of second instances, and the crimes of violating the Road Traffic Act with heavier punishment);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2 and Article 50 of the Criminal Code are added.