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(영문) 전주지방법원 2018.02.22 2017노1832
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for the crimes Nos. 1 and 2 in the judgment of the court below, and the crimes No. 3 in the judgment of the court below

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of August for the crimes Nos. 1 and 2 as indicated in the decision of the court below and the fine of one million won for the crimes No. 3 as indicated in the decision of the court below) is too unreasonable.

2. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor tried to examine ex officio before the judgment on the grounds for the appeal. Article 39(1) of the Criminal Act applicable to the first instance court; Article 39(1) of the Criminal Act provides that “The defendant was sentenced to two years of suspension of execution on November 28, 2016 from the Changwon District Court’s Branch Branch Branch, which was sentenced to two years of suspension of execution on February 1, 2018, and the above judgment became final and conclusive on February 1, 2018; on May 17, 2017, the previous District Court was sentenced to two years of suspension of execution on May 25, 2017, which became final and conclusive on May 25, 2017, and the judgment of the court below was modified by permitting it, thereby making it impossible to maintain it any further.

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

【Grounds for the Judgment of the Supreme Court 【The Defendant was sentenced to a suspended sentence of 2 years on May 17, 2017 to a special injury in the military support of the Jeonju District Court on the 25th day of the same month, and the judgment became final and conclusive on the 25th day of the same month.

“The Defendant was sentenced to the suspension of the execution of official duties on November 28, 2016 at the Changwon District Court’s branch on the grounds of interference with the performance of official duties, and on February 1, 2018, the said judgment became final and conclusive on February 1, 2018. On May 17, 2017, the former District Court’s Gunsan Branch sentenced the suspension of the execution of eight months to the suspension of the execution of eight months for special injury. The said judgment became final and conclusive on May 25, 2017.

“1. Before the judgment,” the summary of the evidence is changed to “the Defendant.”

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