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(영문) 의정부지방법원 2020.06.12 2020노608
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Judgment ex officio due to changes in indictment by the public prosecutor;

A. In the trial, the prosecutor applied for amendments to indictment by adding Article 39(1) of the Criminal Act to the applicable provisions of the Criminal Act, and submitted as evidence “The District Court Decision 2009No2406 delivered on April 17, 2020, etc.”

B. In light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, where a crime for which judgment has not yet become final and conclusive cannot be adjudicated concurrently with the crime for which judgment has already become final and conclusive, it is reasonable to interpret that the sentence cannot be imposed concurrently in consideration of equity and equity, or that the sentence cannot be mitigated or exempted.

(2) In light of the aforementioned legal principles, the Defendant was sentenced to imprisonment with prison labor for six months at the District Court of the Republic of Korea on January 23, 2019 and the judgment becomes final and conclusive as of January 31, 2019; ② A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) at the District Court of the Republic of Korea on August 14, 2019; and ③ a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and a fine of KRW 6 million on April 25, 2020; and ③ a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes).

According to the above facts, each of the crimes of this case committed after the day when the judgment of the previous conviction was finalized cannot be judged simultaneously with the previous conviction of the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes).

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