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(영문) 창원지방법원 2016.11.10 2016노1274
도로교통법위반등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 9,500,000.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal that the judgment of the court below rendered on the defendant in the summary of the grounds for appeal (the first instance judgment: the fine of KRW 3 million, the fine of KRW 1.5 million, the fine of KRW 1.5 million, and the fine of KRW 5 million) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the judgment of the court below regarding the defendant was rendered ex officio, and the judgment of the court below Nos. 1, 2, and 3 against the defendant was rendered, and the defendant filed an appeal against the judgment of the court below Nos. 1, 2, and 3. The court decided to hold concurrent hearings of the above cases of appeal. Each of the crimes of the judgment of the court below Nos. 1, 2, and 3 against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and is sentenced to one sentence under Article 38(1

3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, since there are reasons for ex officio reversal as seen earlier, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 Subparag. 1 and Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 347 (1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 37 Subparag. 3-2 of the Resident Registration Act, Article 37 of the Resident Registration Act, Article 329 of the Criminal Act, the selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (a punishment provided for in a crime of fraud against victim G with the largest punishment and punishment)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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