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(영문) 전주지방법원 2013.07.19 2013노508
도로교통법위반(무면허운전)등
Text

1. All the judgment below is reversed.

2. Defendant shall be punished by a fine of KRW 7,000,000.

3. The above fine shall be imposed on the defendant.

Reasons

1. The sentence (No. 1: a fine of 4,00,000 won, a fine of 3,500,000 won, a fine of 3,50,000 won) imposed by the original judgment is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the court below was examined and sentenced separately, and the defendant filed an appeal against the above judgment of the court below, and the court decided to hold concurrent hearings of the above two appeals. Each of the above crimes against the defendant in the judgment of the court below should be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the above judgment of the court below against the defendant cannot be maintained.

3. In conclusion, the above judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal, and it is again decided as follows.

Punishment of the crime

On December 12, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Jeonju District Court on March 1, 2013 and the judgment becomes final and conclusive on March 1, 2013.

1. A defendant who violates the Road Traffic Act without obtaining a driver's license for a motor vehicle;

A. Around 06:00 on April 20, 2007, at a section of about 10 km from a place where the place located in the Seocho-gu Seoul Metropolitan Government is unknown to the front day of the Central Hospital located in Geumamam-dong to a place where the place is unknown; and

B. On July 19, 2007, around 22:54, a person driving a D car at approximately 3 km section from the front day of the Madsan Rest located in the Maddong-gun of the former North Korea to the front day of the same military Jin-gun of the Jinsan-gun of the Jinsan-gun of the same military.

2. Where a traffic accident occurs with social friendship and worship, the accused is hospitalized at a hospital, regardless of the severity of the accident, the relevant insurance company shall pay a maximum amount, receive injury insurance proceeds, etc.

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