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(영문) 광주지방법원 2020.12.02 2020노907
교통사고처리특례법위반(치상)등
Text

All judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 25,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal (No. 1: fine of 20 million won, fine of 7 million won in the original judgment, and imprisonment of 3: 1 year in the original judgment) is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio as to the judgment of the first and second judgment, this Court decided to hold concurrent hearings of each appeal against the first and second judgment. Since each of the above judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, each of the above crimes is in a concurrent relationship under Article 38(1) of the Criminal Act, a sentence shall be imposed in accordance with

Therefore, the judgment of the court below in 1 and 2 cannot be maintained as it is.

3. Judgment of the court below on Article 3

A. The Court decided to hold a joint hearing of the first and second court’s decision that sentenced the Defendant to a fine and the third court’s decision that sentenced to imprisonment with prison labor. If each of the court’s decisions is different from the imprisonment with prison labor and the fine, the arguments were combined in the appellate court.

Even though the appellate court can maintain each sentence sentenced by the court below, it does not necessarily require a sentence of the same kind.

Therefore, this court shall separately determine the judgment of the third court on the ground of the consolidated hearing without ex officio reversal.

B. The Defendant appears to have recognized and reflected a crime against the reason for appeal.

Due to the defendant's traffic accident, the victim seems to suffer relatively minor injuries.

Defendant has no record of punishment for the same kind of crime.

However, the Defendant caused a traffic accident by driving under the influence of alcohol, and even though he was tried to refuse to take measurements of alcohol on the following day, the Defendant, while driving without a license, caused a traffic accident, refused to take measurements of alcohol, and obstructed the performance of duties by threatening public officials at the community service center, and the time, details, etc. of each of the crimes in this case.

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