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(영문) 서울동부지방법원 2015.03.12 2014노1728
도로교통법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

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 (a fine of 1.5 million won) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to eight months of imprisonment by the District Court on October 28, 2014 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive on February 13, 2015. The crime in the judgment of the court below is one of the concurrent crimes with the above crime for which the judgment of the court below became final and conclusive in accordance with Article 39(1) of the Criminal Act, and the above crime in which the judgment of the court below became final and conclusive in accordance with Article 39(1) of the Criminal Act is determined by the sentence after considering the case where the crime in the judgment of the court below

3. Accordingly, 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, and the following decision is made through oral argument.

[C] The first part of the judgment of the court below is that "the defendant was sentenced on August 28, 2014 to eight months from imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-on Vehicle) and its judgment became final and conclusive on February 13, 2015" is the same as the corresponding column of the judgment of the court below, except for adding "1. The previous part of the judgment: the defendant added "A" to the summary of the evidence as stated in the summary of the evidence, since it is identical to each corresponding column of the judgment of the court below, the above part shall be cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions for crimes, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the option of punishment, Article 151 of the Road Traffic Act, Article 151 of the Road Traffic Act, and Article 152 of the Road Traffic Act, respectively;

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