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(영문) 서울중앙지방법원 2014.11.27 2014노3488
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The punishment of the court below (five million won by fine) is too unreasonable in light of the fact that the defendant's economic situation is difficult, etc.

2. Before determining the grounds for appeal ex officio, the Defendant was sentenced to imprisonment with prison labor for a violation of the Immigration Control Act at the Seoul Southern District Court on April 8, 2013, 6 months of suspended execution, 2 years of community service, 160 hours of probation, and the above judgment became final and conclusive on November 2, 2013.

Since the crime of this case, which became final and conclusive and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for the crime of this case shall be imposed at the same time in consideration of equity and equity in cases where judgment is rendered pursuant to Article 39(1) of the Criminal Act. The judgment of the court below which omitted the application of Acts

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

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) on April 8, 2013, the first head of the judgment of the court below added "the defendant was sentenced to six months of imprisonment and two years of suspension of execution, community service, and 160 hours of imprisonment for the violation of the Immigration Control Act at the Seoul Southern District Court on April 8, 2013; and (b) on November 2, 2013, the above judgment became final and conclusive on November 2, 2013; and (c) on the summary of the evidence, it is identical to each corresponding column of the judgment of the court below except for addition of "1.

Application of Statutes

1. Relevant legal provisions concerning criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose a penalty: Selection of a fine;

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

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

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act.

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