logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.11.29 2016노997
도로교통법위반(음주운전)등
Text

All judgment of the court below shall be reversed.

In the case of crimes No. 1, 2, or 3 in which the defendant's judgment is held, the crime No. 4 in the ruling shall be punished by imprisonment for one year.

Reasons

1. The first instance court found the Defendant guilty of all the facts charged in the instant case 1489 high group of 2015 high group of 2015 high group of the charges, and sentenced the Defendant to a fine of KRW 2 million for the violation of the Road Traffic Act (driving), the violation of the Road Traffic Act (driving without a license), the violation of the Road Traffic Act (driving without a license), the violation of the Guarantee of Automobile Compensation Security Act, the forgery of a private signature and the use of a private document, the forgery of a private document, and the use of a private document.

Accordingly, the Defendant filed an appeal on the following grounds: (a) the violation of the Automobile Management Act, the violation of the Road Traffic Act, the violation of the Road Traffic Act (non-licensed driving), and the violation of the Guarantee of Automobile Compensation Act; (b) the above and the remaining guilty parts were erroneous in sentencing; (c) however, the Defendant dismissed the Defendant’s appeal before sending back.

Therefore, the Defendant filed an appeal against the judgment of the court of first instance before remanding the case, and the Supreme Court rendered a judgment that reversed the judgment of the court prior to remanding the case on the ground that there was an error of law by misunderstanding the legal principles as to Article 39(1) of the Criminal Act and thereby affecting the conclusion of the judgment.

2. Summary of reasons for appeal;

A. As to the violation of the Automobile Management Act against the 2015 Highest 1489 case (the first instance judgment), the Defendant served as an employee of C who is the owner of the Dolung-do (hereinafter “the instant Dolung-do”) and kept the Dolung-do vehicle as security until the payment of wages is delayed due to the delayed payment of wages, and did not receive the ownership of the Dolung-do 1.

B) On the violation of the Road Traffic Act (drinking) and the violation of the Road Traffic Act (licensed driving) and the Guarantee of Compensation for Damages for Motor Vehicles, M has stopped while driving the franchise in this case and went to anywhere without stopping the movement. Accordingly, the Defendant moved from the chief to the driver’s seat, thereby parking the seat.

arrow