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(영문) 의정부지방법원 2015.09.01 2014노1191
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unreasonable.

2. Prior to the judgment on the Defendant’s assertion of unfair sentencing ex officio, the record reveals that the Defendant was sentenced to imprisonment for ten months on February 6, 2014 with respect to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (doing Vehicles) in the Goyang branch of the Goyang branch of the Goyang branch of the Government District Court, and that the said judgment became final and conclusive on August 22, 2014. Since the crime in the judgment of the court below is in a concurrent relationship with the above crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) for which judgment has already become final and conclusive under Article 37 of the Criminal Act, the sentence shall be determined after examining whether to reduce or exempt the punishment in consideration of equity and the case where a judgment is concurrently rendered pursuant to Article

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, on the grounds of ex officio reversal as seen above, 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 defendant was sentenced to imprisonment with prison labor for 10 months on February 6, 2014 for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Dok-in Vehicle) in the senior part of the crime column at the time of original trial; and the above judgment became final and conclusive on August 22, 2014” was added in the preceding part of the summary of the evidence; “1. The defendant’s trial statement in the first part of the last part of the evidence; and “1............... the defendant’s trial statement in the last part of the judgment,” except for the addition of “the defendant’

Application of Statutes

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting the crime, and Article 3(1) of the same Act;

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