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(영문) 광주지방법원 2017.05.25 2016노2389
도로교통법위반(음주운전)등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (the first instance judgment: imprisonment for one year, two years of suspended sentence, two years of surveillance, community service, 160 hours, 40 hours of lectures to comply, 40 hours of alcohol treatment, and 2 months of imprisonment for a period of eight months) is too uneasy and unfair.

B. The sentence of the court below No. 2 is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.

As to the judgment of the court below, the defendant filed a separate appeal against the judgment of the court below against the judgment of the court below No. 2 and the court of this court tried concurrently. Each of the offenses committed by the judgment of the court below shall be sentenced to one punishment in accordance with Article 38 (1) 2 of the Criminal Act in relation to concurrent offenses under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below cannot

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal of the judgment of the court below. The judgment below is reversed, and the following is again decided after pleading.

Criminal facts

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

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 239 (1) of the Criminal Act (the point of signing a private signature), Article 239 (2) and Article 239 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a sentence of imprisonment with prison labor for each crime of violating the traffic laws on roads;

1. The Defendant recognized the instant crime on the grounds of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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