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(영문) 부산지방법원 2014.10.10 2014노2314
도로교통법위반(음주운전)등
Text

All judgment of the court below shall be reversed.

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

The above fine shall be imposed on the defendant.

Reasons

1. The main points of the grounds for appeal are as follows: (a) a fine of KRW 4 million imposed by the court below on the defendant; and (b) a fine of KRW 2 million imposed by the court below on the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the instant case No. 2014No2314, which is the appeal case against the judgment of the court of first instance, and the instant case No. 2014No3106, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of first instance. Each of the offenses committed by the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the extent that aggravating concurrent offenses pursuant to Article 38(1) of the Criminal Act. Thus, the judgment

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 347 (1) of the Criminal Act (the point of fraud), Article 260 (1) of the Criminal Act (the point of violence), the selection of each fine;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant recognizes all of the crimes of this case, and reflects the fact that the defendant has to support his mother's mother as he died in the recent year, and each of the crimes of this case in this case has become final and conclusive.

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