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(영문) 청주지방법원 2020.04.24 2019노1628

도로교통법위반(음주운전)등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) imposed by the court below is too unreasonable.

2. Before the judgment on the grounds for appeal ex officio, the records show that the defendant was sentenced to one year of imprisonment with labor for a violation of the Road Traffic Act at the Cheongju District Court on June 20, 2019, and appealed against the above judgment, but the appeal was dismissed on September 20, 2019, and although the appeal was dismissed on November 12, 2019, the above judgment became final and conclusive on the same day after receiving the judgment dismissing the appeal.

The crime of the lower court and the crime for which the said judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after considering equity and mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act in relation to concurrent crimes under Article 39(1) of the Criminal Act. As such, the part against the Defendant

3. Since the grounds for ex officio reversal prior to the conclusion, the part against the defendant among the judgment below is reversed without examining the defendant's assertion of unfair sentencing, and the decision is again rendered following the pleadings.

[Grounds for the judgment of multiple court] The summary of the facts of crime and evidence recognized by the court against the defendant is "criminal facts" and the judgment of the court is final and conclusive on the same day after it was dismissed on September 20, 2019, while the defendant A was sentenced to one year imprisonment at the Cheongju District Court on June 20, 2019 for the violation of the Road Traffic Act.

“A summary of evidence” is the same as the relevant column of the lower judgment, except for adding “1. Cheongju District Court Decisions 2019No1002, 2019No102, 2019Do14158, and 2019Do14158,” and thus, it is in accordance with Article 369 of the Criminal Procedure Act.