(영문) 인천지방법원 2017.01.25 2016노4859 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2017.01.25 2016노4859

도로교통법위반(음주운전)등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed on Defendant 1 by the original sentence (eight months of imprisonment) is too unreasonable.

(b) The sentence sentenced to the Defendant by the second instance of the Prosecutor (the penalty amount of KRW 3,00,000) is too uneased and unreasonable.

2. The judgment of this court ex officio held that each appeal case against the judgment of the court below was consolidated and tried, and each of the offenses against the defendant at the time of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this respect, the judgment of the court below cannot be maintained

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the aforementioned grounds for reversal ex officio. It is so decided as follows.

[Re-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court and the summary of the evidence are as follows: (a) the defendant was sentenced to imprisonment with prison labor for not less than 10 months on July 16, 2014; (b) the defendant was sentenced to imprisonment with prison labor for not more than 6 months on July 16, 2014; (c) the suspension of execution was sentenced to imprisonment with prison labor for not less than 10 months on December 17, 2014; (d) the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before driving); (e) the violation of the Road Traffic Act (d) the violation of the Road Traffic Act; and (e) the violation of the Road Traffic Act (licensed driving) and the violation of the Road Traffic Act (licensed driving) without permission; and (e) the suspension of execution was revoked on September 13, 2015.

Except for the addition of “,” it is identical to each corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

The laws and regulations;

참조조문

-특정범죄 가중처벌 등에 관한 법률

-형법 제38조 제1항

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