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(영문) 수원지방법원 2018.11.19 2018노2828
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

An appellant shall submit a statement of reasons for appeal to the appellate court within 20 days from the date he/she receives the notice of the records of trial (Article 361-3(1) of the Criminal Procedure Act), and if the statement of reasons for appeal is not submitted within the said period, the appellate court shall dismiss the appeal by its ruling (Article 361-4(1) of the same Act). In addition, even if the Defendant is lawfully served the notice of receipt of the records of trial on September 28, 2018 by means of public notification and delivery of the notice of receipt of the records of trial by the court on September 28, 2018, the appellate court shall dismiss the appeal by ruling (Article 361-4(1) of the same Act).

Therefore, pursuant to Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act, the Defendant’s appeal shall be dismissed. It shall be determined as the order [Article 25(1) of the Regulations on Criminal Procedure: Provided, That the court below ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure, “Article 148-2(2)1 and Article 44(1) of the Road Traffic Act” in the “Article 148-2(2)2 and Article 44(1) of the Road Traffic Act” shall be amended as “Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the point of drinking alcohol).”

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