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(영문) 의정부지방법원 2020.05.07 2018노2948
도로교통법위반(음주운전)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court (eight months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.

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

According to the records, since the defendant was sentenced to a suspended sentence for 4 months on April 24, 2019, which was sentenced to a violation of the Road Traffic Act (not after the accident), which was sentenced to imprisonment on April 24, 2019, and such sentence became final and conclusive on May 23, 2019 and the judgment became final and conclusive on October 31, 2019, since the crime of this case can be judged concurrently with each of the crimes for which the judgment became final and conclusive, the punishment of this case shall be determined in consideration of equity with the case where the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act.

However, the judgment of the court below cannot be maintained as it is, since each of the above judgments became final and conclusive at the time of the declaration of the court below.

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

[Dac] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are added to the first copy of the facts constituting the crime of the court below. "The defendant was sentenced to the suspension of the execution for 4 months by imprisonment at the Jung-gu District Court on April 24, 2019 for the crimes of violation of the Road Traffic Act (not taking measures after accidents) and the judgment became final and conclusive on May 2, 2019. On May 23, 2019, the Incheon District Court was sentenced to the imprisonment for 6 months for the crimes of violation of the Road Traffic Act (not taking measures after accidents), and the judgment became final and conclusive on October 31, 2019."

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