(영문) 수원지방법원 2016.02.17 2015노6937 | 리걸엔진

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(영문) 수원지방법원 2016.02.17 2015노6937

도로교통법위반(음주운전)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence of the lower court (six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The judgment on the grounds of appeal by the defendant was examined ex officio prior to the judgment on the grounds of appeal by the prosecutor. As to the violation of the Road Traffic Act among the facts charged in the instant case, "the defendant was sentenced to a suspended sentence of 8 months on the grounds of the violation of the Road Traffic Act (drinking on February 19, 2009), the defendant was sentenced to a suspended sentence of 5 million won or more due to the violation of the Road Traffic Act (drinking on September 21, 201), and the application of Article 44 (1) of the Road Traffic Act was added to "the person who has the record of violating the Road Traffic Act more than twice, such as receiving a summary order of 5 million won due to the violation of the Road Traffic Act (drinking on drinking)", and the application of the Act was amended to "Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act", and it was no longer subject to the permission of the court among the judgment below.

3. As such, 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, on the ground that the violation of the Road Traffic Act (driving without a license), among the judgment below, constitutes a violation of the Road Traffic Act (driving without a license), and the violation of the Road Traffic Act (driving without a license) committed on August 22, 2015, and the violation of the Road Traffic Act (driving without a license) committed on July 16, 2015, and sentenced a single sentence by treating the violation of the Road Traffic Act (driving without a license) and the violation of the Guarantee of Compensation for Damages of Motor Vehicles as concurrent crimes under the former part of Article 37 of the Criminal Act). Accordingly, the judgment of the court below shall be reversed in its entirety, without proceeding proceeding to decide on the defendant's unfair argument of sentencing.

Criminal facts

The summary of the evidence is the facts charged by the defendant and the summary of the evidence recognized by the court.

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