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(영문) 부산지방법원 2014.08.29 2014노320
도로교통법위반(무면허운전)등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of a fine of three million won imposed by the first instance court against the defendant is too excessive to impose a fine of five million won imposed by the second instance court.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the instant case No. 2014No320 of this Court, which is the appeal case against the judgment of the court of first instance, and the instant case No. 2014No2169 of this Court, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the oral proceedings. Each of the offenses committed by the judgment of the court below, is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the extent that aggravating concurrent crimes pursuant to Article 38(1) of the Criminal Act

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, each of the choice of punishment, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the selection of fines, respectively;

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. The punishment of the sentencing of Articles 70 and 69(2) of the Criminal Act for the detention of the workhouses has a history of criminal punishment several times, and in particular, despite the fact that the driver's license was not re-issued after the revocation of the license in 2007, two times thereafter the crime of violation of the Road Traffic Act (unlicensed Driving).

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