logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.03.24 2014노1766
도로교통법위반(음주운전)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that from the date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant (unfair punishment) 2’s punishment (limited to six months of imprisonment, two years of suspended sentence, two years of probation, community service, 80 hours of imprisonment) is too unreasonable.

B. The prosecutor (unfair punishment) of the lower court (the first instance judgment: 1 year of imprisonment, 3 years of suspended sentence, 200 hours of probation, community service, etc.) is deemed to be too uneasible and unfair.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, each appeal case against the defendant was joined in the court below for the first time. Each of the offenses of the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38 (1) of the Criminal Act. In this respect, the judgment of the court below cannot be maintained any more.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the allegation of unfair sentencing made by the defendant and the prosecutor, on the grounds of the above ex officio reversal, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the original judgment.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Road Traffic Act as of April 21, 2014, between a violation of the Road Traffic Act as of April 21, 201, and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Road Traffic Act as of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the number of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the sum of the long-term punishments of the above two crimes) among concurrent crimes;

arrow