logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.07.24 2014노822
도로교통법위반(음주운전)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Each sentence (No. 1: Imprisonment with prison labor for 6 months, and imprisonment with prison labor for 1 year) declared by the original court which declared the gist of the grounds for appeal is unreasonable.

2. The Court ex officio rendered a consolidated examination of each appeal against the judgment below.

Each crime in the holding of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed in accordance with Article 38(1) of the Criminal Act.

The judgment of the court below has reasons for ex officio destruction.

The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, without proceeding to decide on the grounds for appeal by the defendant, and the judgment is again ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below. Thus, all of the judgment below are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 151 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment or imprisonment without prison labor for a violation of the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and (2) and Article 50 of the Criminal Act shall be the largest punishment;

arrow