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(영문) 대전고등법원 (청주) 2014.03.13 2013노181
도로교통법위반(음주운전)
Text

Each judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The sentence of the lower court (No. 8 months of imprisonment with prison labor; 2 years of imprisonment with prison labor) against the Defendant based on the summary of the grounds for appeal is too unreasonable.

2. The Defendant filed an appeal against each of the judgment below, and this court decided to hold a joint hearing of each of the above appeals cases.

However, since the crime of each decision of the court below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, it shall be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act.

Therefore, each judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is so decided as follows.

Criminal facts

The summary of facts and evidence against the defendant recognized by this court is identical to the corresponding column of each judgment of the court below in addition to the fact that " July 1, 2010," the first and the first half of the judgment of the court of first instance, " July 1, 2010," and " December 4, 2010," and therefore, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 34, 231, and 30 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 152 subparagraph 1 and 43 of the Road Traffic Act, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Automobile Accident Compensation Act, Article 148-2(2)2, and Article 44(1) of the Road Traffic Act, Article 347(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 78 of the Criminal Act, and Article 268 of the Criminal Act.

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