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(영문) 제주지방법원 2020.12.24 2020노283
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a year and a fine of 200,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal of this case is that the violation of the Road Traffic Act (unexplosion measures) among the facts charged in the instant case is a fine not exceeding 200,000 won, and thus, even if concurrent crimes are committed, a fine exceeding 30,000 won shall not

Nevertheless, the court below erred in imposing a fine of KRW 400,000 on the facts charged.

2. The statutory penalty for each of the crimes of violation of the Road Traffic Act (unclaimed measures after accidents) as stated in the judgment of the court below due to the destruction of a parked vehicle which judged the grounds for appeal and the failure to provide personal information is "a fine not exceeding 200,000 won, penal detention, or minor fine" under Article 156 subparagraph 10 of the Road Traffic Act and Article 54 (1) 2 of the Road Traffic Act. Thus, the maximum penalty for each of the crimes of this case for which concurrent crimes has been aggravated pursuant to the former part of Article 37, Article 38 (1) 2 of the Criminal Act and Article 50 of the

However, the court below determined the amount of the fine exceeding the upper limit of the above punishment as to each of the above crimes which selected the fine, and therefore, the court below erred by violating each of the above provisions.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court and summary of evidence, and the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with

Application of Statutes

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and subparagraph 10 of Article 156 and Article 54 (1) 2 of the Road Traffic Act (the point of failure to take measures after parking vehicles are damaged);

1. Crimes under Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually among the crimes of violation of each Road Traffic Act (unclaimed Measures after Accidents) against Victims E and Victims G);

1. Imprisonment with prison labor for a violation of the Road Traffic Act, and each of them;

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