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(영문) 서울중앙지방법원 2014.05.01 2014노94
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable to impose a fine of KRW 2,000,000, which the court below sentenced to the defendant.

2. Prior to the judgment on the grounds for appeal ex officio, according to the records, the Defendant was sentenced to imprisonment with prison labor for one year and nine months at the Daegu District Court on January 24, 2014 for the crime of violation of the Narcotics Control Act. It is recognized that the above judgment was finalized on February 4, 2014, and the crime of violation of the Act on the Control of Narcotics, Etc. and each of the instant crimes are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment of each of the instant crimes is determined in consideration of equity compared with those of the above judgment pursuant to Article 39(1) of the Criminal Act. Thus, the lower court’s judgment is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the ground of ex officio reversal

Criminal facts

The summary of the facts charged against the defendant and the summary of the evidence in the judgment of the court below are as follows: "The defendant was sentenced to one year and nine months for the crime of violation of the Narcotics Control Act at the Daegu District Court on January 24, 2014. The above judgment became final and conclusive on February 4, 2014." The above judgment was stated on February 1: Daegu District Court Decision 2013No3794, Daegu District Court Decision 2013No3794, Daegu District Court Decision 2013No3760, 760, 2013, and 369 of the Decision of the court below are as stated in each corresponding column of the judgment of the court below, except for addition of "Tgu District Court Decision 2013No3790, 2013, 369."

Application of Statutes

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46(2)2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts.

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