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(영문) 수원지방법원 2014.09.25 2013노5774
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. According to the records of ex officio determination, the Defendant may be recognized as having been sentenced to six months of imprisonment for fraud, etc. at the Sungwon District Court Sungnam Branch on April 25, 2013, and the judgment became final and conclusive on July 5, 2013. As such, each of the crimes of this case, such as fraud, etc., for which the judgment became final and conclusive, are in the concurrent crimes under the latter part of Article 37 of the Criminal Act, and determines a punishment after considering equity in cases where the judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act and examining whether to reduce or exempt the sentence. In this regard

2. Thus, the appellant did not submit the appellate brief within 20 days after the Defendant was served with the notification of the receipt of the trial records on June 16, 2014. However, the lower court’s judgment is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is so decided as follows.

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by this court is that "the defendant was sentenced to six months of imprisonment on April 25, 2013 with prison labor on the grounds of fraud, etc. in the Sungnam Branch of Suwon District Court on the part of the facts constituting a crime in the judgment of the court below, and the judgment became final and conclusive on July 5, 2013" in the summary of the evidence as stated in the judgment of the court below, except for addition of "1. The previous records in the judgment of the court below: the summary of the case agreement, supplementary meetings, and each judgment" as stated in each corresponding column of the judgment of the court below, and

Application of Statutes

1. Article 3(1), the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2, and Article 44(1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 347(1) of the Criminal Act, Article 31 of the Criminal Act, Article 350(1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Punishment;

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