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(영문) 광주지방법원 2017.08.29 2017노3
도로교통법위반(음주운전)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

1. The gist of the grounds for appeal is too unreasonable as each of the original judgments is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, this Court decided to concurrently examine the appeal cases against the lower judgment. Each of the lower judgment against the Defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment, which increased concurrent crimes in accordance with Article 38(1) of the Criminal Act. As such, the lower judgment cannot be maintained.

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act and Article 330 of the Criminal Act concerning facts constituting an offense;

1. Selection of sentence of imprisonment with prison labor for a crime of violating the traffic laws on the selective road;

1. Each of the crimes of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated punishment of concurrent crimes is for sentencing, even though the Defendant was punished by a fine by a fine on one occasion during the same repeated crime period, he/she again prevents the larceny crime, and even commits the crime of drinking driving, and the nature of the crime is not easy.

On the other hand, all of the crimes of this case are recognized by the defendant, and the amount of damage is not significant, and the defendant returned the thief to the victim, and the victim does not want the punishment of the defendant by agreement with the victim.

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