(영문) 대전지방법원 2015.12.10 2015노2933 | 리걸엔진

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(영문) 대전지방법원 2015.12.10 2015노2933

도로교통법위반등

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

Summary of Grounds for Appeal

The punishment (one million won of fine) sentenced by the court below against the defendant is too unreasonable.

According to the evidence duly adopted and examined by the trial court on March 17, 2015, prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Daejeon District Court on March 17, 2015, and the judgment became final and conclusive on October 15, 2015, and the prosecutor requested the amendment of the indictment to add the applicable provisions to the defendant in the trial in relation thereto, and Article 39 (1) of the Criminal Act was changed by this court's permission, so the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

【The reason for the judgment of the court below in light of the facts constituting a crime and the summary of evidence admitted by the court below is that the first head of the judgment of the court below added "the defendant was sentenced to one year of imprisonment for a crime of fraud at the Daejeon District Court on March 17, 2015, and the judgment became final and conclusive on October 15, 2015," and changed "1 and part of the defendant's statement" in the summary of evidence in the judgment of the court below as "1. The defendant's court statement" in the summary of evidence as "1. The defendant's court statement at the end of the judgment of the court below" and "1. The judgment of the court below is the same as the corresponding column of the judgment of the court below, except for the addition of "court

Application of Statutes

1. Article 151 of the Act on the Guarantee of Automobile Accident Compensation (amended by Act No. 12987, Jan. 6, 2015) and Article 46(2)2 and Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015) regarding criminal facts, the applicable law for criminal facts, and the

참조조문

-도로교통법 제151조

-자동차손해배상 보장법 제8조

-자동차손해배상 보장법 제46조 제2항 제2호

유사 판례

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