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(영문) 서울중앙지방법원 2015.01.22 2014노2844
도로교통법위반(음주운전)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The gist of the reasons for appeal is that the respective punishment of the court below (one year of imprisonment and one year of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, each appeal case against the defendant was joined in the court below for the first time. Each of the offenses of the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38 (1) of the Criminal Act. In this respect, the judgment of the court below cannot be maintained any more.

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, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 152 (1) and Article 43 of the Road Traffic Act, Article 152 (1) of the Road Traffic Act, Article 360 (1) of the Criminal Act, Article 230 of the Criminal Act, 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, Article 3 (1) and (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the same Act, Article 268 of the Criminal Act

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

1. Selection of alternative imprisonment with prison labor (Provided, That imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Of concurrent crimes, the accused is drinking or drinking in the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 38(2) and 50 of the Criminal Act.

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