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(영문) 의정부지방법원 2016.11.24 2016노2467
자동차손해배상보장법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (the fine of 500,000 won) is too unreasonable.

According to the ex officio determination records, the Defendant was sentenced to ten months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on March 21, 2013, and the said judgment became final and conclusive on May 13, 2013, and the instant crime can be recognized as a crime committed before the said judgment becomes final and conclusive. As above, both the crime for which judgment became final and the instant crime are concurrent crimes under the latter part of Article 37 of the Criminal Act, and both the crime in which judgment became final and the instant case are concurrent crimes under the latter part of Article 39(1) of the Criminal Act after examining whether to reduce or exempt the sentence

Therefore, the judgment of the court below is no longer maintained.

In addition, Articles 46 (2) 2 and 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015) shall apply to the facts charged in this case against the defendant. However, the court below erred by applying Articles 46 (2) 2 and 8 of the current Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015) more unfavorable to the defendant than the Act at the time of the act. Thus, the judgment of the court below has

Therefore, 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 of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court, 【The Defendant was sentenced on March 21, 2013 to imprisonment with labor for the violation of the Act on the Control of Narcotics, etc. at the Seoul Central District Court on March 21, 2013, and the said judgment became final and conclusive on May 13, 2013.”

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