특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of grounds for appeal (the original trial: imprisonment for eight months, the suspension of execution, the community service order 120 hours, the order to attend a compliance driving lecture, and 40 hours);
2. Where multiple victims are injured by one driver's act of driving a motor vehicle in a situation where normal driving is difficult due to the influence of ex officio judgment drinking, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by each victim is established, and since each of the above crimes constitutes several crimes, it is reasonable to deem that there is a regular concurrent relationship under Article 40 of the Criminal Act. However, the court below held that each of the above crimes against three victims is concurrent crimes under Article 38 (1) 2 of the Criminal Act on the premise that each of the above crimes against the victim is in a concurrent relationship under the former part of Article 37 of the Criminal Act. The judgment of the court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion of the judgment, and in this respect, the judgment of the
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, and the judgment below is again decided as follows after oral argument.
[Discied Reasons for Judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369
Application of Statutes
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Imprisonment with prison labor for each choice of punishment;