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(영문) 수원지방법원 2018.11.14 2018노5380
도로교통법위반(무면허운전)등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal is that the respective sentence of the lower court (the first instance court: the fine of KRW 5 million, the second instance court: the fine of KRW 5 million: the fine of KRW 5 million) is too unreasonable.

2. The judgment of the court below against the defendant who made an ex officio determination was sentenced to each of the above appeals and the defendant filed an appeal, and this court decided to hold a joint hearing of each of the above appeals. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced to one punishment in accordance with Article 38(1) of the Criminal Act, and the judgment of the court below

3. If so, 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, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148, Article 54(1) (a) of the Road Traffic Act related to the facts constituting an offense, Article 148, Article 54(2)2, Article 44(1) (a) of the Road Traffic Act, Article 148-2(2)2, and Article 44(1) of the Road Traffic Act, Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (a point of driving without a license);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on the crimes committed on April 1, 2018 by a person who violates the traffic laws of roads by a person on April 1, 2018, the crimes committed on the violation of traffic laws of roads, the crimes committed on the violation of traffic laws of roads, or the crimes committed on the violation of traffic laws of heavy amounts of punishment);

1. Selection of an alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Criminal Procedure Act, is that the nature of the crime in this case is not weak in light of the contents and circumstances of each of the crimes in this case. Meanwhile, the defendant.

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