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(영문) 대구지방법원 2015.06.26 2014노1677
자동차관리법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. On May 23, 2014, the Defendant was dissatisfied with the lower judgment and filed an appeal on May 23, 2014, and was served with the notification of the receipt of the trial record on June 9, 2014, and did not submit the statement of grounds for appeal within 20 days from the notification. The Defendant’s petition of appeal does not contain any grounds for appeal

However, according to the records of this case, the defendant, at the Daegu District Court on December 18, 2013, sentenced six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Daegu District Court on September 4, 2014, and the above judgment became final and conclusive on September 4, 2014. Each of the crimes of this case and the violation of the Punishment of Violences, etc. Act (joint conflict) for which judgment became final and conclusive as above are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment is determined after considering equity and consideration of mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act. However, the judgment of the court below which failed to take into account such circumstances

2. In conclusion, the judgment of the court below is reversed in accordance with the proviso of Article 361-4(1) and Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts constituting the crime and the evidence admitted by this court is as follows: "The defendant was sentenced to six months of imprisonment by the Daegu District Court on December 18, 2013 due to the violation of the Punishment of Violences, etc. Act (joint conflict) at the Daegu District Court on September 4, 2014, and the judgment became final and conclusive on September 4, 2014" in the summary of the evidence; and "1. A previous conviction in the summary of the evidence" is as stated in the corresponding column of the judgment of the court below, except for addition of "each description of the summary of the agreement in the case and the copy of the judgment in the case" as stated in the corresponding column of the court below

Application of Statutes

1. Article 81 of the Automobile Management Act concerning criminal facts and the selection of punishment, respectively;

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