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(영문) 창원지방법원 2017.09.14 2017노504
도로교통법위반(음주운전)등
Text

Of the lower judgment, the part concerning the violation of the Road Traffic Act (unlicensed Driving) on August 18, 2016 and the lower judgment on Article 2.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant 1’s decision on the first instance judgment (the sentence of imprisonment with prison labor for the crime No. 1, 2 years of suspended sentence for the crime No. 6 months of suspended sentence, and the sentence No. 2 to 7 of the decision) is too unreasonable.

(b) The form of the 2nd adjudication decision by the Prosecutor (300,000 won in a penalty) is too unhued and unjust.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

With respect to the judgment of the court of first instance, the defendant filed an appeal against the judgment of the court of second instance against the judgment of the court of second instance, and this court decided to consolidate the above two appeals cases.

Article 38(1) of the Criminal Act is a concurrent crime under the former part of Article 37 of the Criminal Act for the crime of violation of the Road Traffic Act (non-licensed driving) and the crime of violation of the Road Traffic Act (non-licensed driving) from August 18, 2016 and the crime of violation of Article 2 of the Judgment of the court below in the judgment of the court of first instance. As such, the part concerning the violation of the Road Traffic Act (non-licensed driving) from August 18, 2016 and the judgment of the court of second instance cannot be maintained any more.

However, in the judgment of the court below of first instance, the above part shall not be reversed ex officio on the ground that the sentence of imprisonment with prison labor, which is a different kind, for each crime except for the above violation of the Traffic Act (unlicensed driving) in the judgment of the court below.

B. Of the lower judgment of the first instance court on August 18, 2016, the judgment on each part of the remaining crimes except for the crime of violating the Traffic Act (non-licenseless Driving) on the roads of the Defendant, the Defendant recognized his mistake and reflects against himself, the crime of violating the Traffic Act on March 17, 2016 and the crime of violating the Road Traffic Act (non-licenseless Driving) by the Defendant on March 17, 2016 are in a concurrent relationship with the crime of causing interference with the execution of special duties for which the judgment became final and conclusive and the crime of violating the Traffic Act (non-licenseless Driving) by the latter part of Article 37 of the Criminal Act. The Defendant agreed with the victim V only smoothly, and the Defendant was serving a sentence of two years and six months for which the suspended sentence imposed on June 22, 2016 was revoked and suspended. However, the purpose of the Defendant’s living expenses or entertainment expenses is to prepare it.

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