(영문) 대구지방법원 2014.11.07 2014노2829 | 리걸엔진

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(영문) 대구지방법원 2014.11.07 2014노2829

자동차관리법위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 500,00) imposed by the lower court is too unreasonable.

2. On May 9, 2014, according to the records, the defendant was sentenced to imprisonment with prison labor for one year and two months with prison labor for the crime of injury at the Daegu District Court on May 9, 2014, and the above judgment became final and conclusive on September 4, 2014. As such, the criminal facts for which the judgment became final and the crime of this case constitute concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of this case must be sentenced in consideration of equity and cases at the same time under Article 39(1) of the Criminal Act. Thus, the judgment of the court below that sentenced punishment without consideration was no longer maintained.

3. Therefore, 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 reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. The first head of the crime is that "the defendant was sentenced to imprisonment with prison labor for one year and two months on May 9, 2014 and the above judgment became final and conclusive on September 4, 2014" was added to "1 on September 4, 2014 on the last part of the summary of the evidence: "the criminal records in the judgment: the investigation report (the confirmation of the date of confirmation)" is the same as the corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369

Application of Statutes

1. Article 81 subparagraph 1-2 and Article 10 (5) of the former Automobile Management Act (Amended by Act No. 12146, Dec. 30, 2013); Article 30 of the Criminal Act concerning criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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유사 판례

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