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(영문) 전주지방법원 2015.10.28 2015노878
도로교통법위반(음주운전)등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (No. 1 year: imprisonment of 1 year, and No. 2: imprisonment of 4 months) of the original court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the judgment of the court below, and this court decided to hold concurrent hearings of each of the above appeal cases. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed within the scope of aggravated concurrent crimes in accordance with Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained in this respect.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the point of refusal of measurement of alcoholic beverages);

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act of March 1, 2015 and a violation of the Road Traffic Act of March 1, 2015, and a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant's reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Code for discretionary mitigation (the following circumstances considered as favorable among the reasons for sentencing) is stated.

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