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(영문) 수원지방법원 2020.11.13 2020노2135
도로교통법위반(음주운전)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. The summary of the grounds for appeal (e.g., punishment 1 and 2) of the lower court’s respective punishment (e.g., imprisonment 1 year) is too unreasonable.

2. Each appeal case against the judgment below was consolidated in the judgment of the court of ex officio reversal following the consolidation. Since each of the above judgments constitutes concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment in accordance with Article 38 of the Criminal Act, the judgment of the court below cannot be maintained any more.

Therefore, without examining the Defendant’s assertion of unfair sentencing, all the judgment of the court below under Article 364(2) of the Criminal Procedure Act is reversed, and the following judgment is rendered through pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without a license"), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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