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(영문) 인천지방법원 2016.07.13 2016노1568
도로교통법위반(음주운전)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (one million won penalty) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the records of this case revealed that the Defendant was sentenced to two years of imprisonment with prison labor for occupational embezzlement from the Busan District Court’s Vice Branch on November 20, 2014, and the above judgment became final and conclusive on May 14, 2015. On June 5, 2015, the Daejeon District Court sentenced one year and six months of suspension of execution to one year and six months and became final and conclusive on June 13, 2015 due to the crime of violation of the Punishment of Violences, etc. Act (a group deadly weapons, etc.) at the Daejeon District Court. As such, each of the crimes for which the judgment became final and conclusive and the crimes of this case are concurrent crimes in relation to other concurrent crimes after Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained in this respect.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, 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 this court is, under the column of “criminal facts” of the judgment of the court below, a person who was sentenced to two years of imprisonment with prison labor for occupational embezzlement at the Busan District Court Branch Branch Branch Branch on November 20, 2014 and the above judgment became final and conclusive on May 14, 2015. On June 5, 2015, the Daejeon District Court sentenced imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act (a group deadly weapons, etc.) at the Daejeon District Court on June 13, 2015 and became final and conclusive on June 13, 2015.

“A summary of evidence” as stated in Section 2 and “a summary of evidence” is as stated in the corresponding column of the judgment of the court below, except for the addition of “a previous conviction in the judgment of the court below: the defendant’s oral statement at the court below” to the last sentence. As such, Article 369 of the Criminal Procedure Act is applicable.

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