(영문) 부산지방법원 2014.06.13 2013노4034 | 리걸엔진

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(영문) 부산지방법원 2014.06.13 2013노4034

도로교통법위반(음주운전)등

Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. In the judgment of the court below, since the crime of mistake of facts in the judgment of the court below was committed by police officers first, since police officers had flabbb, the defendant did not constitute a crime since he had flabbbbs of police officers against this defense. However, the court below found the defendant guilty of this part of the facts charged, which affected the conclusion

B. The punishment of a fine of one million won imposed by the court below on the defendant and the punishment of a fine of three million won imposed by the court below on the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the case of this Court No. 2013No4034, which is the appeal case against the judgment of the court of first instance, and the case of this Court No. 2014No805, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the oral proceedings. Each of the offenses committed by the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the extent that aggravating concurrent offenses pursuant to Article 38(1) of the Criminal Act. Thus,

3. The defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above ex officio grounds for reversal of facts.

According to the evidence duly adopted and examined by the court below, at around 23:50 on June 4, 2013, when police officers E wanted to return the civil petitioner boarding a taxi under the influence of alcohol, the defendant prevented the departure of the above taxi, and E prevented the defendant, and the defendant was in the control of the defendant, and the defendant committed an assault by cutting a breath and sculing the breath while taking a bath to E, and ② the witness police officer F prevented the defendant, the defendant was able to sufficiently recognize the fact that the defendant committed an assault against E and F while taking a bath to F.

참조조문

-형법 제38조 제1항

유사 판례

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