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(영문) 인천지방법원 2014.04.09 2014노494
도로교통법위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for a year and a fine of seven million won.

The defendant above.

Reasons

1. The gist of the grounds for appeal is too unreasonable because each of the original judgments is too unreasonable.

2. Determination

A. In full view of all the sentencing conditions shown in the records and arguments of this case against the judgment of the court of first instance, and the fact that the defendant was not sentenced to imprisonment without prison labor or heavier punishment for the same kind of crime, and is in depth, the sentence of the court of first instance is too unreasonable.

B. As to the judgment of the court below in the second and third instances, prior to the judgment on the defendant's assertion, this court decided to hold a concurrent hearing of each appeal case against the judgment of the court below. The crime of the court below in the second and the crime of the court below in the third and the crime of the court below in the concurrent relation under the former part of Article 37 of the Criminal Act is one of the concurrent crimes under Article 38 (1) of the Criminal Act, and thus,

3. Accordingly, the court below's decision on the first instance court's appeal on the grounds that the defendant's appeal is well-grounded, pursuant to Article 364 (6) of the Criminal Procedure Act, Article 364 (2) of the Criminal Procedure Act, and Article 364 (2) of the Criminal Procedure Act provides that the court below's decision on the defendant's assertion of unfair sentencing is omitted

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 151, Article 148-2 (2) 2, Article 44 (1), subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 3 (1) and proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. As to the crime of violation of the Road Traffic Act (driving) as of November 13, 2012, and the crime of violation of the Road Traffic Act (Free Driver’s License) as of February 8, 2013 and April 4, 2013, each imprisonment, the crime of violation of the Road Traffic Act (Free Driver’s License) and the Act on Special Cases concerning the Settlement of Traffic Accidents are applicable.

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