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(영문) 춘천지방법원 강릉지원 2018.05.03 2018노40
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. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance judgment: 10 months of imprisonment; the second instance judgment: imprisonment with prison labor for a year; 1 year of suspended execution; 3 years of community service; 120 hours; and 40 hours of lecture of compliance driving) is too unreasonable.

B. The above sentence of the court below No. 2 is too unhued and unfair.

2. Prior to the judgment on the grounds for appeal, two appeals cases were joined in the first and second trials by ex officio prior to the judgment on the grounds for appeal, and each of the offenses in the first and second trials against the Defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the judgment of the court below was unable to be maintained as it is.

3. As such, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without making any judgment as to the unfair sentencing argument by the defendant and the prosecutor, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the original judgment, and thus, it shall be quoted 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 concerning the facts constituting an offense, Article 3(1), the proviso to Article 3(2)1 and 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing occupational negligence), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of driving alcohol) concerning each specific crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment provided for a crime against the victim G with the largest crime between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents) shall be imposed, and the crime between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) shall be provided for a crime against the victim R with the largest crime.

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