logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.11.28 2017노2005
교통사고처리특례법위반(치상)등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable because the judgment of the court below is too unreasonable because it is too unreasonable that the sentence imposed on the defendant (No. 1 and 2: imprisonment with prison labor for each of six months).

2. The judgment of the court below was rendered on the defendant's ex officio judgment, and the defendant filed each appeal, and this court decided to consolidate the two appeals cases.

The first and second judgment of the court below cannot be maintained as it is because each crime of the defendant of the first and second judgment is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and in accordance with Article 38(1) of the Criminal Act, one punishment shall be imposed.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, since the above reasons for reversal of the judgment of the court below are reasons for reversal of the above authority, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, it is acceptable to accept them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 3 (1), the proviso to Article 3 (2), Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (only between the crimes of violation of the Traffic Act by a person on May 12, 2017 and the crimes of violation of the Traffic Act by a person on May 12, 201, and the crimes of violation of the Traffic Act by a person without a license), and between the crimes of violation of the Special Act

1. Selection of a sentence of imprisonment with prison labor and a sentence of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning any crime of violation of the Road Traffic Act;

1. The defendant's reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 38 (2), and Article 50 of the Criminal Act, recognize each of the crimes of this case.

arrow