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(영문) 의정부지방법원 2016.10.27 2016노1084
도로교통법위반(무면허운전)등
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

Summary of Grounds for Appeal

Each sentence sentenced by the court below (the first sentence: 2 years of probation, 40 hours of probation, and 1 year and 6 months of imprisonment on June) is too unreasonable.

Before the judgment on the grounds for appeal ex officio, the court of first instance and the court of first instance decided to consolidate each appeal case against the defendant. The first and second judgments are in a concurrent relationship with the defendant under the former part of Article 37 of the Criminal Act, and a single punishment shall be sentenced within the scope of the term of punishment increased by concurrent crimes by judgment pursuant to Article 38(1) of the Criminal Act. In this regard, the first and second judgment cannot be maintained as they are.

Thus, the court below's decision 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 after pleading.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trade between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes of violation of the Road Traffic Act);

1. Selection of each sentence of imprisonment;

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