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(영문) 인천지방법원 2013.12.06 2013노2488
도로교통법위반(음주운전)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal Nos. 1 and 2 were sentenced to imprisonment with prison labor for each of six months. The punishment of each of the court below is too unreasonable.

2. Prior to the judgment on the Defendant’s assertion of unfair sentencing, the lower court’s determination on the Defendant’s assertion of unfair sentencing by ex officio and as each of the lower judgment’s respective cases against the Defendant joined in the trial proceedings, each of the crimes in the first and second judgments in the relationship of concurrent crimes under the former part of Article 37 of the Criminal Act, thereby having to simultaneously render a judgment under Article 38 of the Criminal Act, and thus, the lower court

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above. The judgment of the court below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking), the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger and injury) and Article 151 of the Road Traffic Act (the point of causing property damage)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, the crimes of violation of the Road Traffic Act due to the destruction of property and the punishment prescribed for the crimes of severe electronic crimes);

1. Selection of each sentence of imprisonment;

1. The aggravated punishment for concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment heavier than that provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes shall be aggravated, but the lower limit shall be the punishment determined for the violation of the Road Traffic Act due to drunk driving;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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