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(영문) 수원지방법원 2014.04.07 2013노6014
도로교통법위반(사고후미조치)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a year and a fine of KRW 5,00,000.

The defendant above.

Reasons

1. The summary of the grounds for appeal (the first judgment of the court below: imprisonment of August, the second judgment of the court of appeal: fine of 5 million won, and the third judgment of the court of the court of the appeal: imprisonment of 6 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the court of first instance and the court of appeal held the defendant together with the appellate cases of the first, second, and third original judgment. Each of the crimes in the first, second, and third original judgment is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, a single sentence shall be punished within the term of punishment or amount increased by concurrent crimes under Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for reversal as seen above, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on June 22, 2013, the choice of imprisonment, the point of driving under the influence of alcohol on August 22, 2013, the choice of fines), Articles 148 and 54 (1) of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of taking measures after accidents, each choice of imprisonment), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of driving under the influence of a license and the

1. As to a repeated crime under Article 35 of the Criminal Act (as to the crime of violation of the Road Traffic Act due to a drunk driving on June 22, 2013, each of the violation of the Road Traffic Act, and the violation of the Road Traffic Act)

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38(1)2 and 3, and Article 50 of the Criminal Act and the largest punishment shall be applicable.

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