특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal.
On April 9, 2019, the Defendant was sentenced to a suspended sentence of two years in the Seoul Western District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving). The above judgment became final and conclusive on April 17, 2019.
Since each crime against the defendant in the judgment of the court below is one of the concurrent crimes provided for in the latter part of Article 37 of the Criminal Act with the above Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Crimes) for which the judgment becomes final and conclusive, the sentence shall be imposed in consideration of equity with the case where the judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act.
3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.
[C] The criminal facts and the summary of the evidence admitted by the court in this case are as follows: "Criminal facts" as stated in the first head of the judgment of the court below was prosecuted on October 22, 2018 on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (driving) and the defendant "B" was sentenced to a suspended sentence of two years on April 9, 2019 by the Seoul Western District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Vehicle) and the violation of the Road Traffic Act. The above judgment was finalized on April 17, 2019, and changed to "the summary of evidence" and "the summary of evidence search of the Supreme Court" as stated in the first head of the judgment of the court below. Thus, the Criminal Procedure Act stated in the corresponding column of the court below that "B" added "the search of the case."