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(영문) 서울고등법원 2012.11.09 2012노2447
도로교통법위반(음주운전)등
Text

All the judgment below is reversed.

Defendant shall be punished by a fine of one million won for each crime as stated in the judgment of the court below, and 1.

Reasons

1. The main point of the grounds for appeal is that the punishment of each original court (the imprisonment of eight months in the first instance, the fine of five million won in the second instance, the fine of one million won in the third instance, and the fine of one million won in the fourth instance) is too unreasonable.

2. Before examining the Defendant’s grounds of appeal on the grounds of unfair sentencing, this Court tried ex officio prior to examining the Defendant’s grounds of appeal on the grounds of appeal, and this Court held the Defendant’s respective judgments concurrently. Each of the above facts of crime is concurrent crimes under the former part of Article 37 of the Criminal Act, and the said facts of crime should be sentenced to a single sentence under Article 38(1) of the Criminal Act. In this regard

3. If so, the judgment of each court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

The judgment of the court below

1. Relevant provisions of Article 260 (1) of the Criminal Act, Article 366 of the Criminal Act, and selection of fines for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The part of the judgment below on the provisional payment order under Articles 334(1)1 through 2, and 4 of the Criminal Procedure Act

1. Relevant first instance of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act (the point of unauthorized Driver's License) concerning criminal facts: Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act (the point of refusing to measure sound driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 152 subparagraph 4 of the Road Traffic Act, and Article 366 of the Criminal Act (the point of causing damage to water and the choice of fines); and

1.Article 40 of the Criminal Code of Trade and Trade.

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