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(영문) 서울동부지방법원 2013.10.31 2013노654
도로교통법위반(음주운전)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (in the first instance court: imprisonment of August, suspension of execution of sentence 2, community service 120 hours, 40 hours of compliance driving, 8 months of imprisonment) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant, the first and second court sentenced the defendant to imprisonment with prison labor for the former, 8 months in probation for the latter, 2 years in probation for the latter, and 2 months in imprisonment with prison labor for the latter, and 3 months in the latter, after the court of Seoul East District Court 2012 Go-Ma87 and 2013 Go-Ma1761 for the latter, respectively. The defendant appealed against each of the above judgment below, and the court of the first and second court decided to jointly deliberate on the above two appeals. Each of the offenses against the defendant against the first and second court of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence shall be imposed within the scope of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the grounds for appeal by the defendant, and the following judgment is rendered following the pleadings.

Criminal facts

The summary of the facts charged and the summary of the evidence presented by this court are as stated in each corresponding column of the judgment of the court below 1 and 2. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. When a person drives a motor vehicle under the corresponding legal provisions concerning criminal facts: Points of driving without a license under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. The crimes of Articles 40 and 50 of the Criminal Act (the punishment shall be heavier) and the crimes of violation of the Road Traffic Act (the punishment shall be heavier); and

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