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(영문) 인천지방법원 2015.09.09 2015노2619

교통사고처리특례법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. Examining the record of this case’s ex officio determination, the Defendant was sentenced to eight months of imprisonment with prison labor for special larceny at the Incheon District Court on April 9, 2015, and all appeals and appeals by the Defendant were dismissed, and the judgment becomes final and conclusive on August 27, 2015.

The above special larceny and the crime of this case, for which a judgment has become final and conclusive, shall be determined by taking account of equity in the case where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act. Therefore, the lower court’s

3. Therefore, 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, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, except for adding "the defendant was sentenced to eight months of imprisonment with prison labor for special larceny at the Incheon District Court on April 9, 2015, and that judgment became final and conclusive August 27, 2015" to "the defendant was sentenced to eight months of imprisonment with prison labor at the Incheon District Court on April 9, 2015," and therefore, it is cited as it is in accordance with Article 3

Application of Statutes

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. In full view of the reasons for sentencing under Articles 191(1), 190(1), and the main sentence of Article 186(1) of the Criminal Procedure Act, and all the conditions for sentencing as shown in the records and arguments of the instant case, the sentence shall be determined as per Disposition.