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(영문) 인천지방법원 2016.08.24 2016노1634
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed on the Defendant by the lower court (three years of probation, observation of protection, community service, 120 hours, and 40 hours of lecture) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. Prior to the judgment on the grounds of appeal by the Defendant and the prosecutor ex officio, the judgment of the court below should have aggravated concurrent crimes, on the grounds that the defendant and the prosecutor's reasons of appeal are in a substantive concurrent relationship with each other, since the defendant and the prosecutor's act of violation of the Road Traffic Act (driving) and the illegal act of violating official documents, each of the crime of forging the signature of each company

Nevertheless, the judgment of the court below, however, has committed an offense of omission of aggravation of concurrent crimes among the application of statutes, and such an offense has influenced the judgment, so the judgment of the court below cannot be maintained any more.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of repeated drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of non-licenseing), Article 230 of the Criminal Act (the point of non-use of official document), Article 239 (1) of the Criminal Act (the point of private signature), Article 239 (2) and (1) of the Criminal Act (the point of exercising the above investigation) concerning the crime;

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

1. Selection of imprisonment with prison labor for each of the crimes except for the crimes of forging a selective signature of a punishment or forging a signature of a punishment and the crimes of putting such signature on;

1. Aggravation concurrent crimes;

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