logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.04.27 2016노430
도로교통법위반(음주운전)등
Text

All judgment of the court below shall be reversed.

In regard to the crimes in the judgment of the first instance court, the defendant is sentenced to a fine of KRW 5,00,000, and KRW 2.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that each sentence (the first instance court of KRW 5 million: the second instance court of KRW 5 million; the second instance court of KRW 2: the suspended sentence in August; the order to attend a lecture of KRW 40 hours) sentenced by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, according to the records of this case, the defendant was sentenced to 8 months of imprisonment on November 20, 2015 to a violation of the Narcotics Control Act at the Incheon District Court Branch Branch Branch Branch, and on March 18, 2016, it can be recognized that the above judgment became final and conclusive on March 18, 2016. As such, each of the crimes of the crime for which judgment became final and the first instance judgment and the second instance judgment in the second instance judgment are concurrent crimes under Article 37 of the Criminal Act, and the punishment is determined after examining whether to reduce or exempt punishment in consideration of equity and the case where a concurrent judgment is rendered pursuant to Article 39(1) of the Criminal Act. Thus, the judgment of the court below was no longer maintained (the first instance judgment and the second instance judgment are combined with the second instance judgment, but the first instance judgment is a fine and the second instance judgment is a criminal defendant's ex officio punishment without any other ground for appeal, and thus, the court below's judgment is no more reversed the judgment of the second instance.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows, and the court below's judgment's corresponding columns are the same as stated in each corresponding column. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

A. On the first instance judgment of the first instance court, the term “criminal facts” in the second instance judgment means that the phrase “ June 30, 2014” in the second instance judgment is pronounced as “ July 29, 2014,” and all pages 2 are written in the last part of the facts.

arrow