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(영문) 부산지방법원 2020.08.21 2020노283
도로교통법위반등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of Defendant 1 (2 million won of fine) and the sentence of the second instance court (10 million won of fine) are too unreasonable.

B. The sentence of the second instance judgment (with respect to the second lower judgment) is too unfasible and unreasonable.

2. Each judgment of the first and second original courts was rendered on the defendant's judgment, and the defendant filed each appeal against the second and second original judgments, and the prosecutor decided to hold the above two cases together.

Since each crime of the first and second original judgments is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act, the first and second original judgments cannot be maintained any more.

3. The judgment of the court of first and second instances on the grounds of the above ex officio reversal is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the alleged unfair sentencing by the defendant and the prosecutor, and the judgment below is reversed in entirety, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 153 (1) 1 and Article 40 of the Road Traffic Act, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Act on the Promotion of Automobile Accident Compensation by which the choice of fines for each crime is aggravated;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines 10 million won to KRW 30 million. 2.

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