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(영문) 대구지방법원 2014.04.08 2013노1788
도로교통법위반(음주운전)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a fine of six million won) is too unreasonable.

2. According to the records of ex officio destruction, the Defendant may be found to have been sentenced to six months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint injury) in the Daegu District Court and its branch court of the Daegu District Court on January 9, 2013, and two years of suspended execution, and the said judgment became final and conclusive on October 16, 2013.

Since the crime of this case is related to the crime subject to the above final judgment and the crime subject to the latter part of Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act. Since the application of the statutes of the lower judgment is omitted, there are reasons for ex

Pursuant to Article 364(2) of the Criminal Procedure Act, the judgment of the court below shall be reversed, and the following judgment shall be rendered again after pleading

Criminal facts

The summary of the facts constituting a crime and evidence recognized by the court below are as follows: the defendant was sentenced to a fine of three million won on December 22, 2009 and sentenced to a suspended sentence of two years on June 11, 2010 due to a violation of the Road Traffic Act (driving) at the Daegu District Court and its Daegu District Court and its branch of racing, and the defendant was sentenced to a suspended sentence of two years on January 9, 2013; on January 9, 2013, the defendant was sentenced to a suspended sentence of six months and two years for a violation of the Punishment of Violences, etc. Act (joint injury) at the Daegu District Court and its branch of racing; and on October 16, 2013, the judgment was finalized on October 16, 2013." Since it is identical to the corresponding column of the Criminal Procedure Act, it shall be cited as it is 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 facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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