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(영문) 울산지방법원 2014.09.19 2014노681
도로교통법위반(음주운전)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the sentence of six months in the first instance court and the sentence of six months in the second instance court and the suspended sentence of two years in the second instance) is too unreasonable.

2. Prior to the judgment on the grounds of appeal for the judgment, the court below rendered a decision not to apply the case of concurrent crimes under Article 38 of the Criminal Act as a result of a separate examination of the defendant, and the defendant filed an appeal against each judgment of the court below, and the court of the court of the first instance decided to concurrently examine the above two cases. Each of the offenses against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be maintained any more.

3. Accordingly, the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Subparagraph 1 of Article 148-2, Article 44(1) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201); Article 152 Subparag. 1, Article 43 of the same Act (the occupation of a driving without a license on April 29, 201); Article 148-2(2)2, Article 44(1) of the Road Traffic Act (the occupation of a driving without a license on April 29, 201); Article 152 Subparag. 1, Article 43 of the Road Traffic Act (the occupation of a driving without a license on November 6, 201); Article 152 Subparag. 1, Article 43 of the same Act (the occupation of a driving without a license on May 4, 2013); Article 46(2) of the Guarantee of Automobile Accident Compensation Act; Article 158(1) of the Road Traffic Act (the occupation of a driving without a license on November 6, 2013)

1. The Commercial Concurrent Crimes Act.

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