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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
1. The gist of the reasons for appeal is that the original court’s imprisonment (one year and four months of imprisonment) is too unreasonable;
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.
In the indictment submitted by the prosecutor to the defendant while instituting the prosecution of this case, the charges of this case include the violation of the Road Traffic Act (refluence of measurement) and the violation of the Road Traffic Act (non-licensed driving) and the provisions of Articles 148-2 (1), 44 (2), 152 subparagraph 1, and 43 of the Road Traffic Act, and Articles 37 and 38 of the Criminal Act as applicable provisions of the Act, and the first head of the charges stated the charges of violation of the Road Traffic Act (refluence of measurement) in the last part of the charges, and stated the charges of violation of the Road Traffic Act (refluence of measurement) not less than twice in the last part of the charges.
The Road Traffic Act, which was amended by Act No. 16037 on December 24, 2018 and was enforced June 25, 2019, is deemed to apply to this case.
Article 148-2, which applies to the instant case, completely amended Article 148-2 of the Road Traffic Act. Examining the contents necessary for the instant case, Article 44(1) or (2) of the Road Traffic Act provides that “a person who has violated Article 44(1) (which does not contain any provision that is known to the driving of a drinking and the provision of a law; hereinafter the same shall apply only in paragraph (2)) or (2) (which shall not apply) on at least two occasions.” This added Article 44(2) of the former Road Traffic Act to “a person who has violated Article 44(1)(b) on at least two occasions” as “a person who has violated Article 148-2(1)(b) of the former Road Traffic Act, and the statutory penalty was amended to “a person who has been sentenced to imprisonment for at least two years but not more than five years or a fine of at least 10,000 won but not more than 10,000 won.”