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(영문) 부산지방법원 2015.03.13 2014노4638
도로교통법위반(음주운전)등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence (No. 1: a fine of 4 million won, a fine of 1 million won, a fine of 3: a fine of 2 million won, and a fine of 2 million won) declared by the court below against the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the case of appeal against the judgment of the court of first instance, No. 2014No4638 of this Court, which is the case of appeal against the judgment of the court of second instance, the case of appeal against the judgment of the court of second instance, and the case of this court No. 2015No91 of this Court which is the case of appeal against the judgment of the court of second instance was consolidated in the oral proceedings of the court of first instance. Each of the crimes of the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and all of the crimes of the court of first instance are concurrent crimes under Article 38(1) of the Criminal

In addition, according to records, the defendant, on October 7, 2014, was sentenced to imprisonment of one year and six months for fraud, etc. by this court on the ground of unfair sentencing, and the defendant appealed on the ground of unfair sentencing, but the judgment dismissing the appeal on December 19, 2014 became final and conclusive on December 27, 2014, and the above judgment became final and conclusive on December 19, 2014. Each of the crimes in the judgment of the court below is in a concurrent relationship with the above crimes for which judgment became final and conclusive in accordance with Article 39(1) of the Criminal Act, and the above crimes for which judgment of the court below became final and conclusive in accordance with Article 39(1) of the Criminal Act are determined at the same time after considering the case where each crime

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining all the judgment of the court below on the defendant's allegation of unfair sentencing, on the ground of the above reasons for reversal of authority, and it is again decided as follows

Criminal facts

The summary of this and the facts charged by the court and the summary of the evidence are as follows.

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