logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2021.01.19 2020노3215
도로교통법위반(음주운전)등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one-year imprisonment each) is too unreasonable.

2. After the judgment of the court below was rendered on the defendant's ex officio determination, the defendant filed an appeal against each judgment of the court below, and this court tried both appeals jointly.

However, since each crime of the first and second judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below in the first and second judgment cannot be maintained as it is.

3. As such, the judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is decided as follows through pleading.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal

Application of Statutes

1. Articles 148-2 (1), 44 (1), 152 (1), and 43 of the Traffic Act concerning facts constituting an offense, as prescribed by the relevant Act, Article 64 (2) and 17 of the Fishery Resources Management Act, Article 30 of the Criminal Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes (limited to a violation of the Management of Fishery Resources Act);

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes concerning a violation of Road Traffic Act, with heavier punishment, shall be aggravated);

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount.

arrow