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(영문) 광주지방법원 2013.04.03 2013노174
도로교통법위반(무면허운전)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal by the defense counsel (unfair form of punishment) is unreasonable because each of the facts charged in this case is too unreasonable in light of the following: (a) the defendant confessions all of the facts charged in this case and reflects his mistake; (b) the two cases were tried in the state where the defendant was not present; and (c) the two cases could have been more favorable to the defendant if the two trials were tried jointly.

2. Prior to the judgment on the grounds for appeal on the above grounds of unfair sentencing determination ex officio, each case of the judgment of the court below on which the defendant appealed is merged in the trial of the party, each of the crimes in the judgment of the court below is a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and a single punishment shall be imposed at the same time under Article 38 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows after the pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence is as shown in each corresponding column of the judgment below, except for the addition of the defendant's oral statement to the summary of the evidence, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act regarding the crime at issue, Article 3(1), the proviso to Article 3(2)7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 230 of the Criminal Act, Article 231 of the Criminal Act, Article 234 and Article 231 of the Criminal Act (the act of uttering of private documents on February 14, 201), Articles 231 and 231 of the Criminal Act (the act of uttering of private documents on February 14, 201), Articles 231 and 30 of the Criminal Act (the act of using private documents on each private document) of each Criminal Act, Articles 234, 231, and 30 of the Criminal Act (the act of using each private document on July 2010), Articles 231, 231, and 30 (the act of uttering of each private document on each of August 4, 2010) of the Criminal Act

1. The Commercial Concurrent Crimes Act.

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