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(영문) 수원지방법원 2015.09.14 2015노1755
도로교통법위반등
Text

All judgment of the court below shall be reversed.

Defendant 4 Of the lower judgment, May 7, 2012.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the defendant's vehicle at the time of the accident of mistake of fact (as to the violation of the Road Traffic Act in the case of 2015No1775) shocked the victim C's vehicle

B. The sentence of unfair sentencing (the first instance judgment: the fine of KRW 3 million; the fine of KRW 900,000; the fine of KRW 3 million; the fine of KRW 300,000; the fine of KRW 800,000; the fine of KRW 4: the fine of KRW 1 million) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

A. The first, second, third, and fourth judgments were rendered against the defendant, and the defendant filed an appeal against them, and this court decided to concurrently examine each of the above appeal cases. Among the judgment below's judgment, each of the crimes against the defendant and the remaining crimes except the violation of the Guarantee of Automobile Accident Compensation Act of May 7, 2012, and the second and third judgment's concurrent crimes under the former part of Article 37 of the Criminal Act should be sentenced to one punishment in accordance with Article 38 (1) of the Criminal Act. In this regard, the first, second, third, and fourth judgment cannot be maintained in all of the judgment below.

B. In addition, Article 63(1) of the Criminal Procedure Act provides that when the dwelling, office, or present address of the defendant is unknown, service by public notice may be made, and Articles 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and Articles 18(2) and (3) and 19(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings provide that when the location of the defendant is not confirmed even though he/she was requested to investigate the location of the defendant, requested to issue a arrest warrant, requested to correct his/her address,

Therefore, if other addresses, contact numbers, etc. of the defendant appear in the record, an attempt shall be made to detect the location of the defendant or to confirm the place of service by contact with the address, and such measures shall be taken.

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