교통사고처리특례법위반등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (unfair sentencing) of each sentence imposed by the lower court on the Defendant (the first instance court: imprisonment with prison labor for six months and the second instance court: imprisonment with prison labor for six months) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.
The Court held that each appeal case against the judgment of the court below was consolidated and tried, and each offense against the defendant at the time of the judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act, and thus, should be punished as a single sentence within the scope of aggravated punishment in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below 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 defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the original judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (including those on duty and negligence), Article 46(2)2 of the Guarantee of Automobile Compensation, the main sentence of Article 8, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of operation of an automobile which is not mandatory insurance), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of operation of an automobile) concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Determination of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Optional Punishment and imprisonment for the remaining crimes;
1. Article 37 (former part), Article 38 (1) 2, Article 38 (2), and Article 50 of the Criminal Code of the Aggravation of Concurrent Crimes are not mandatory insurance.