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(영문) 광주지방법원 2016.08.25 2015노1997
도로교통법위반(음주운전)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. The decision of the court below (the first instance court: 6 months of imprisonment, 1 year of suspended execution, 40 hours of community service, 2 months of imprisonment): The decision of the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal, this Court held ex officio each appeal case against the judgment of the court below jointly and tried. Each of the offenses committed by the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all reversal.

3. If so, the judgment of the court below is reversed ex officio and it is again decided as follows, without examining the defendant's unfair argument about sentencing, pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are the criminal facts recognized by the court, and the summary of the evidence in the second judgment, among the criminal history of the judgment of the court below, the defendant appealed on July 16, 2015 that "the defendant was sentenced to a suspended sentence of one year for a period of six months for the violation of road traffic law (drinking driving) in the Gwangju Sea Support, and is still

Except for the deletion of the statement "", as described in the corresponding column of the judgment of the court below, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 231 of the Criminal Act (the point of Article 231 of the Criminal Act), Articles 234 and 231 of the Criminal Act (the point of uttering of the aforementioned investigation document) concerning the facts constituting an offense, Article 329 of the Criminal Act (the point of Article 329 of the Road Traffic Act), Articles 329 of the Criminal Act (the point of Article 148-2) and Article 44 (1) of the same

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) One type (such as fabrication, alteration, etc. of private documents) of private document forgery, alteration, etc. for six months;

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