logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.01.09 2013노4203
도로교통법위반(음주측정거부)등
Text

The judgment below

Part 1 and 3 of the judgment shall be reversed.

A fine of 3,000 for the first and third crimes against the defendant's judgment.

Reasons

Summary of Grounds for Appeal

The sentence of the court below against the defendant (the first and third crimes: the fine of 5 million won, the second crimes of the judgment: the fine of 1 million won: the fine of 1 million won) is too unreasonable.

Judgment

In full view of the following facts: (a) the first and third criminal records of the Defendant in the part of the judgment; (b) the Defendant was guilty; (c) the Defendant was not guilty; (d) the Defendant was aware of the facts charged in the first and third criminal records; and (e) the Defendant’s mistake was divided; and (e) the equity between the case subject to the judgment at the same time with the final judgment of larceny, etc.; and (e) the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, etc.; and (e)

In the part of the crime No. 2 of the judgment, the defendant's mistake is divided, and the equity should be taken into account at the same time with the case of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for which judgment has become final and conclusive, and the damaged goods have been temporarily restored to the victim. However, considering such circumstances, the court below seems to have been sentenced to a fine more reduced than the summary order in consideration of the fact that the defendant had already been sentenced to a fine, and considering all the sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and behavior, environment, circumstances surrounding the crime, and circumstances after the crime, etc., the punishment imposed by

In conclusion, the defendant's appeal against the first and third crimes in the judgment of the court below is with merit. Thus, it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal against the second crimes in the judgment of the court below is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, since there is no reason to dismiss the appeal.

However, Article 25(1) of the Regulations on Criminal Procedure is clear, since each of the “No. 22, 2012.” is a clerical error in the statement of “No. 15, 2012.15.15.”

arrow