도로교통법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
A fine shall not be paid by the defendant.
1. The determination of the summary of the grounds for appeal (e.g., a fine of one million won) is unreasonable;
2. On October 23, 2018, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, etc. at Busan District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and the judgment became final and conclusive on June 28, 2019.
Criminal facts for which judgment has become final and the criminal facts of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment should have been determined in consideration of equity in the case of concurrent crimes under Article 39(1) of the Criminal
Application of Statutes
In the process, the judgment of the court below which did not take these measures is erroneous in violation of law and affected the conclusion of the judgment.
3. The judgment of the court below is reversed ex officio.
Pursuant to Article 364(2) of the Criminal Procedure Act, the judgment shall be reversed and rendered following pleadings:
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as stated in the relevant column of the judgment below, except for adding "the defendant was sentenced on October 23, 2018 to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) at the Busan District Court on October 23, 2018 and the judgment on June 28, 2019 became final and conclusive."
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Article 151 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018); Article 154 subparagraph 2 of the Road Traffic Act; Article 43 of the Road Traffic Act; Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act; Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (amended by Act No. 15530, Mar. 27, 2018);
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act on the confinement of a workhouse were sentenced by the lower court that maintained a summary order.
The occurrence of a traffic accident, damage, etc.