도로교통법위반(음주운전)등
Each judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (e.g., the form of imprisonment with prison labor for the first instance judgment and the second instance judgment, with prison labor for the second instance judgment) of each of the lower courts is too unreasonable.
2. The first and second original judgments are sentenced to each of the judgment of the court below, and the defendant filed an appeal against the first and second original judgments, and this court decided to concurrently examine the above two cases. Since each of the crimes against the defendant in the first and second original judgments is a concurrent crime under the former part of Article 37 of the Criminal Act, one of the crimes against the defendant is to be sentenced pursuant to Article 38(1) of the Criminal Act, so the first and second original judgments cannot be maintained as they are.
Thus, the first and second original judgment is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and it is again decided as follows after oral argument.
Criminal facts
The summary of the evidence and the facts charged by the court against the defendant and the summary of the evidence are the same as each of the judgment below's corresponding columns. Thus, all of them 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 154 subparagraph 2, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 347 (1), and Article 30 of the Criminal Act (the fraud committed by September 27, 2014 and October 2, 2014) concerning criminal facts; Article 347 (1) of the Criminal Act (the fraud committed by the person who committed fraud by January 20, 2015 and by January 29, 2015)
1. Punishment for a violation of Article 40 or 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act, 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, of which punishment is heavier);
1. Selection of each sentence of imprisonment;
1. Article 37 of the Criminal Code among concurrent crimes.