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(영문) 서울남부지방법원 2016.08.19 2015노1615
도로교통법위반(사고후미조치)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The defendant does not pay the above fine.

Reasons

1. The defendant, ex officio, failed to submit a statement of reason for appeal within the period for submission of the written reason for appeal, and the petition of appeal does not indicate the reason for appeal in the petition of appeal;

According to the records, the defendant was sentenced to six months of imprisonment for fraud at the Seoul Western District Court on August 13, 2015 and the above judgment on November 13, 2015 can be recognized as having become final and conclusive. Since the crime of violation of the Road Traffic Act (unclaimed measures after an accident) in this case is in concurrent crimes between fraud for which the judgment becomes final and conclusive and the crime of violation of the Road Traffic Act in this case after Article 37 of the Criminal Act, punishment should be imposed in consideration of equity in the case of a judgment at the same time as the crime of violation of the Road Traffic Act (unclaimed measures after an accident) in this case becomes final and conclusive in accordance with Article 39(1) of the Criminal Act, and therefore, the judgment of the court below against which such

2. Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, on the grounds that the judgment of the court below is reversed ex officio, and the following decision is made through pleadings.

[Re-written judgment] The summary of criminal facts and evidence against the defendant was sentenced to six months of imprisonment with prison labor at the Seoul Western District Court on August 13, 2015, and the above judgment was finalized on November 13, 2015.

“1. A previous conviction in the judgment of the court below” is the same as the corresponding column in the judgment of the court below, except for the addition of “1. Before the judgment,” the case search table and the judgment text (Seoul Western 2014 High Order 3019) to the summary of the evidence, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 148 and 54 (1) of the Road Traffic Act and the selection of fines concerning facts constituting a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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