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(영문) 대전지방법원 2015.04.09 2014노3284
도로교통법위반(음주운전)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

The summary of the grounds for appeal (unfair form of punishment) of each of the original judgments (one year of imprisonment with prison labor and one year of imprisonment with prison labor) is too unreasonable.

The court of the judgment of the court below ex officio decided to consolidate each appeal case of the court below against the defendant, and each of the offenses in the judgment of the court below are concurrent offenses under the former part of Article 37 of the Criminal Act, and a single sentence should be sentenced in accordance with Article 38 (1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is again decided as follows after pleading.

Criminal facts

The summary of facts and evidence acknowledged by this court shall be as follows: "The defendant shall be sentenced to a fine of 1.5 million won for the crime of violation of the Road Traffic Act at the official branch of the Daejeon District Court on August 3, 2009; and a fine of 3 million won for the same crime at the same court on March 14, 2011; and the court on January 23, 2013, sentenced to a suspended sentence of 2 years for the same crime on January 31, 2013; "the said judgment became final and conclusive on January 31, 2013"; "the first to 18 through 26 acts" of the judgment of the court below to 30 million won for the above crime of violation of the Road Traffic Act at the Daejeon District Court on November 23, 201; and the defendant shall be sentenced to a fine of 1.5 million won for the crime of violation of the Road Traffic Act (license without a license) at the Daejeon District Court on March 25, 2002.

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