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(영문) 대전지방법원 2014.01.22 2013노2126
도로교통법위반(음주운전)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. In light of all the circumstances, such as the fact that the defendant committed each of the crimes in this case, and misunderstandings each of the crimes in this case, each of the punishments (the first instance judgment: the imprisonment of August and the second instance judgment: the imprisonment of 10 months) sentenced by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the court of original judgment, Nos. 1 and 2 sentenced the defendant guilty after completing a separate hearing against the defendant, and the defendant appealed against the judgment of the court of first and second instance, and this court decided to hold concurrent hearings against each of the above appeals cases. Each of the offenses in the judgment of the court of first and second instance against the defendant is a concurrent offense under the former part of Article 37 of the Criminal Act and must be sentenced to a single sentence within the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court of first and second instance 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 defendant's assertion of unfair sentencing, since there is a ground for reversal of the above authority, and the judgment below is also reversed, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the crime, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of escape after the injury caused by negligence in the course of performing duties), Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.

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