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(영문) 인천지방법원 2016.08.10 2016노939
도로교통법위반(무면허운전)
Text

All judgment of the court below shall be reversed.

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

except that from the date of this judgment.

Reasons

1. The summary of the grounds for appeal (in the first instance judgment: Imprisonment with prison labor for six months, two years, order of observation of protection, and second instance judgment: Suspension of execution for two years, order of observation of protection, 120 hours, order of community service for 40 hours, and order of compulsory driving for 40 hours) imposed on the accused by the lower court is unreasonable, because it is too uneasible.

2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment.

The Court held that each appeal case against the judgment of the court below was consolidated and tried, and each offense against the defendant at the time of the judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act, and thus, should be punished as a single sentence within the scope of aggravated punishment in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the original judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the defendant committed two-timeless driving crimes between the observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act, despite the fact that he/she had been punished several times for the same crime, is disadvantageous to the defendant.

The defendant's mistake is recognized and reflects his own mistake, and the defendant 1.

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