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(영문) 대전지방법원 2014.09.04 2014노465
교통사고처리특례법위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal (No. 1 judgment of the lower court: imprisonment with prison labor for July and the second judgment of the lower court: imprisonment with prison labor for one year) that the lower court rendered is unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the instant court’s 2014No465 case, which is the appeal case against the judgment of the court of first instance, and the instant court’s 2014No1399 case, which is the appeal case against the judgment of the court of second instance, was consolidated in the proceedings of the oral argument. Each of the crimes in the judgment of the court of first and second is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the extent that aggravating concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court of second and second instances

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

【The reasons for the judgment of multiple times】 The facts constituting the crime against the defendant recognized by the court and the summary of the evidence are the same as the entries of the judgment below in each corresponding column. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 35 (2) and (1) of the Criminal Act concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

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

(a) Between the crimes of violation of the Road Traffic Act due to drinking and driving without a license: Punishment provided for in the Road Traffic Act due to driving without a license heavier than punishment;

B. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the holding: the circumstances are added.

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