beta
(영문) 서울남부지방법원 2016.01.07 2014노1328

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Ex officio determination

A. On September 24, 2015, the Defendant did not submit a written reason for appeal within 20 days, which is the period for submitting the written reason for appeal, even after receiving a notice of receipt of court records from this court on September 24, 2015, and there is no reason for appeal to be determined by this court since no reason for appeal is indicated in the petition of appeal (the reason for filing a petition for appeal of right of appeal contains an unlawful reason for sentencing).

B. According to the evidence duly adopted and examined at the trial of the political party, the Defendant was sentenced to three years of suspended sentence on October 29, 2015 to 8 months of imprisonment on the grounds of the violation of road traffic law in the Sungnam branch of the Suwon branch of the Suwon branch of the Suwon branch of the Suwon branch of the Suwon branch of the court, and the above judgment became final and conclusive on November 6 of the same year. As such, the crime for which the judgment became final and the crime of this case are concurrent crimes after Article 37 of the Criminal Act, and the crime of this case are determined after examining whether to reduce or exempt punishment in consideration of equity and cases where the judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act, and thus, the judgment of the

2. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, since there is a ground for reversal ex officio as above.

[Re-written judgment] The summary of the facts constituting an offense and evidence admitted by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, with the exception of adding "1. investigation report (Attachment of a copy of the judgment of concurrent crimes by the defendant)" to the first head of the judgment of the court below, "the defendant is a person who was sentenced to a suspension of execution for 8 months on October 29, 2015 due to a crime of violation of road traffic law in the support of the Sungnam branch of Suwon branch of Suwon branch of Suwon branch of the court below, who was sentenced to a suspension of execution for 3 years on November 6 of the same year."