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(영문) 대전지방법원 2015.12.24 2015노1830
도로교통법위반(음주운전)등
Text

The judgment below

The part against the defendant shall be reversed.

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

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact-finding or misunderstanding of legal principles, the Defendant’s use of force by driving a vehicle, which is a dangerous object, even when the victim B was on the front of the vehicle b, is recognized, and the place where the Defendant operated the vehicle seems to have been under the possibility of being exposed to serious threats, and the Defendant appears to have operated the vehicle to avoid the crackdown on driving under the influence of alcohol, etc., it cannot be deemed that the illegality of the crime of violating the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) is excluded.

In the facts charged against the defendant, the court below acquitted the defendant as to the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) or erred by misapprehending the legal principles.

B. The court below’s sentence of unreasonable sentencing (the fine of three million won) is too uneasible and unfair.

2. As to the violation of the Punishment of Violences, etc. Act (collective assault, etc.), among the facts charged in the instant case, the prosecutor made an ex officio judgment (revision of indictment) and applied for changes in indictment with respect to the violation of the Act on the Punishment of Violences, etc. (collective assault, deadly weapons, etc.), the name of the crime is referred to as "special assault," and the applicable provisions of Acts are referred to as "Articles 261 and 2

As seen below, the modified facts charged are acknowledged as guilty, and this part of the charges should be sentenced to a single sentence in relation to concurrent crimes under the former part of Article 37 of the Criminal Act with the remaining facts constituting a crime against the defendant as stated in the judgment of the court below, so the judgment of the court below

(1) On October 18, 2014, at the center of Daejeon-gu, Daejeon-gu, Seoul-gu, the Defendant had been driving by the Defendant during a dispute with the victim B, etc., due to the following: (a) the driving of the day in front of G in the vicinity of the Park in South Korea; and (b) the Defendant had a car competition.

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