(영문) 광주지방법원 2015.07.16 2014노733 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2015.07.16 2014노733

도로교통법위반(음주운전)등

Text

All judgment of the court below shall be reversed.

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

1. The summary of the grounds for appeal (the first instance judgment: two years of suspended execution, community service, 120 hours in one year of imprisonment, 40 hours in order to attend a law-abiding driving lecture, 2 years of suspended execution in eight months of imprisonment, and 120 hours in community service, etc.) is too unfied and unfair.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried to examine the two cases of appeal by combining the two cases of appeal by the defendant. The crimes of each case deliberated in the trial by the court in question are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be reversed in its entirety.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor’s allegation of unfair sentencing, and it is again decided as follows through oral argument.

Criminal facts

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

Application of Statutes

1. Relevant Article of the Act on the Crime, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 347 (1) and 30 of the Criminal Act (the point of fraud) and the choice of imprisonment with prison labor;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that the criminal defendant repents and reflects his mistake, and there are no benefits acquired for each of the crimes of this case, and there are many aspects of benefits used for the accomplices, and there has been no history of punishment for the crime of fraud so far.

However, among the crimes in this case, each of the crimes in this case is false as accomplices.

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제2항 제1호

유사 판례

-광주지방법원 2014.10.10 2014노736

-수원지방법원 2018.12.12 2018노5320

-광주지방법원 2015.07.23 2015노1187

-광주지방법원 2015.05.14 2014노2681

-광주지방법원 2015.10.22 2015노2182