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(영문) 대구지방법원 2013.10.17 2013노2494
도로교통법위반(사고후미조치)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

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 1.5 million won) is too unreasonable.

2. According to the ex officio determination records, the Defendant, at the Daegu District Court on September 26, 2012, sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (hereinafter “Act on the Control of Narcotics”), for a year, two months, and additional collection on the same day, and on December 29, 2012, can be recognized

Since the crime of this case is related to the crime subject to the above final judgment and the latter part of Article 37 of the Criminal Act, the punishment of this case shall be determined after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where a concurrent judgment is rendered pursuant to Article 39(1)

The judgment below

The judgment of the court below can no longer be maintained in this respect, since the application of Acts and subordinate statutes omits the processing of concurrent crimes.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: “The defendant was sentenced by the Daegu District Court on September 26, 2012 to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) at the Daegu District Court on September 26, 2012, and the judgment became final and conclusive on December 29, 2012 and became final and conclusive on December 29, 2012, and is the same as the corresponding column of the judgment of the court below. Thus

Application of Statutes

1. Relevant provisions of the Road Traffic Act and Articles 148 and 54 (1) of the Road Traffic Act concerning the selection of criminal facts;

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 Defendant, with the reason for sentencing of Article 334(1) of the Criminal Procedure Act, reflects the fact that he/she recognized the mistake of the instant crime.

However, the defendant's transportation, such as drinking and driving without a license.

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