도로교통법위반(사고후미조치)등
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.
1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.
2. Examining the record of the instant case’s ex officio determination, the Defendant was sentenced to a suspended sentence of two years on July 24, 2013 to imprisonment with prison labor for larceny, etc. on July 24, 2013 in the Gwangju District Court’s Netcheon Branch, and such judgment became final and conclusive on August 1, 2013.
The punishment of larceny, etc., for which a judgment has become final and conclusive, shall be determined in consideration of equity in cases 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 judgment of the court below which did not take
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 the defendant and the summary of the evidence are as shown in the corresponding column of the judgment of the court below, except for adding "the defendant was sentenced to two years of suspension of execution on July 24, 2013 to imprisonment with prison labor for larceny, etc. on August 1, 2013 from the pure Branch of the Gwangju District Court's Macheon Branch Office, which became final and conclusive on August 1, 2013" to "the defendant was sentenced to two years of suspension of execution on July 24, 2013.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Articles 148 and 54 (1) of the Road Traffic Act, Article 331-2 of the Criminal Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of fines, respectively;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The order of provisional payment is based on a comprehensive consideration of all the sentencing conditions shown in the records and arguments of the sentencing reason of Article 334(1) of the Criminal Procedure Act, and the fact that the defendant has a lot of criminal records.