일반교통방해등
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 decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.
2. Before determining the Defendant’s ex officio on the assertion of unfair sentencing, prior to the judgment on the assertion of unfair sentencing, the Defendant was sentenced on October 11, 2012 to 10 months by imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc., and the judgment became final and conclusive on January 4, 2013. The above crime and each of the instant crimes committed by the Defendant, for which the judgment became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and are determined by the sentence after considering the equity and the case at the same time under Article 39(1) of the Criminal Act and examining whether to reduce or exempt the sentence. Thus,
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, and the judgment below is again decided as follows after oral argument.
Criminal facts
The summary of the facts charged by this court and the summary of the evidence are all the facts charged in the judgment of the court below. "The defendant was sentenced on October 11, 2012 to 10 months by imprisonment with prison labor for the violation of the Act on the Control of Narcotics, etc. (fence) at the Busan District Court and confirmed on January 4, 2013." The summary of the evidence added "1." to the summary of the evidence "1." (fence of the final term of punishment, etc. of the defendant A)" as stated in each corresponding column of the judgment of the court below, so it is cited as is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. A motor vehicle registered under Article 185 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46(2) and Article 8 of the former Guarantee of Automobile Loss and Sea (amended by Act No. 11369, Feb. 22, 2012), Article 80 subparag. 1 and Article 5 of the Automobile Management Act, which applies to the relevant criminal facts;