(영문) 의정부지방법원 2018.02.01 2017노2778

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(영문) 의정부지방법원 2018.02.01 2017노2778

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 main point of the grounds for appeal is that the sentence (five million won penalty) imposed by the court below on the defendant is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the records, the defendant was sentenced to six months of imprisonment for a crime of violence at the Seoul Northern District Court on February 8, 2017 and the judgment became final and conclusive on May 8, 2017, and on July 14, 2017, he was sentenced to six months of imprisonment for a violation of the Punishment of Violences, etc. Act (Habitual special violence) at the Jungyang Branch District Court on July 14, 2017, and the judgment became final and conclusive on July 22, 2017. Since each crime in the judgment of the court below is obvious that it was committed prior to the day when each of the above judgment becomes final and conclusive, each crime committed in the judgment of the court below and each of the above crimes committed in violation of the Punishment of Violences, etc. Act (Habitual special violence) was committed in relation to a concurrent crime after Article 37 of the Criminal Act, and thus, the judgment of the court below should no longer be held in consideration of equity with each of the above crimes.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and summary of the facts constituting an offense and summary of evidence are as stated in the corresponding column of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the point of drinking and the choice of fines) concerning facts constituting an offense; Article 46(2)2 and Article 8 of the Guarantee of Automobile Compensation Act.

참조조문

-폭력행위 등 처벌에 관한 법률

-형법 제39조 제1항

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