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(영문) 광주지방법원 2014.05.14 2014노326
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable for six months.

2. In the judgment on the grounds of appeal by the defendant ex officio prior to the judgment on the grounds of appeal by the court below, the crime of violation of the Guarantee of Automobile Accident Compensation Act, the Road Traffic Act, and the crime of violation of the Guarantee of Automobile Accident Compensation Act and the crime of violation of the Road Traffic Act (driving without a license) are separate crimes with different legislative intent and protected legal interest, and both crimes are established. The two crimes are concurrent crimes. The court below erred in treating both the violation of the Road Traffic Act (driving without a license), the violation of the Road Traffic Act (Driving without a license), the violation of the Guarantee of Automobile Accident Compensation Act (Driving without a license), and the violation of the Guarantee of Automobile Accident Compensation Act as commercial concurrent crimes. Therefore, the court below's judgment cannot be maintained further because

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the defendant's crime and the summary of evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 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 concerning criminal facts;

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 each alternative fine for punishment;

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