logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.06.22 2018노452
도로교통법위반(음주운전)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The grounds for appeal (unfair sentencing) are deemed to be too unhued and unreasonable.

2. In full view of the arguments of this case and the sentencing reasons indicated in the records, including: (a) the period of the same criminal punishment of the defendant was nine times of a fine; (b) the period of the suspension of the execution of the same kind of punishment became final and conclusive as the sentence of the defendant was sentenced to imprisonment for the crime of this kind of crime during the suspension of the execution of the sentence; and (c) the defendant committed the crime of this case after being sentenced to imprisonment for the same kind of crime and imprisonment for the crime of this case; (c) the defendant was punished by a fine or suspended the execution of imprisonment for the crime of this case; and (d) the defendant still committed the same crime of this case, even though he was sentenced to a fine for the same kind of crime of this case, and the fact that there was no special preventive effect of the fine for the crime of this case, together with the details of the crime of the crime of this case and the attitude of family relation and reflectness of the defendant, the court below's unfair assertion of sentencing is justified.

3. In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is decided after pleading.

【Grounds for another judgment】 The facts constituting a crime and summary of evidence recognized by the court and the summary of evidence are as stated in each corresponding column of the judgment of the court below, except for addition of the following. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

① On June 4, 2015, the Defendant was sentenced to eight months of imprisonment due to an illegal ex post facto bribery by the Seoul Central District Court on June 4, 2015, and the judgment became final and conclusive on the 12th day of the same month, and the said suspended sentence becomes null and void, and thus, the Defendant was released on December 24, 2015 and executed the said sentence on February 23, 2016.

arrow