교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The decision of the court below (two months of imprisonment and two years of suspended execution) is undue due to the summary of the grounds for appeal.
2. According to the records of ex officio determination, the Defendant was sentenced to imprisonment for 8 months as a special injury crime in Seoul Southern District Court 2018 Godan5696 on March 29, 2019, and the above judgment became final and conclusive on April 24, 2020 (Seoul Southern District Court 2019No645). Since the crime in the judgment of the court below is in the concurrent relation between the above special injury crime for which the judgment became final and the crime in the latter part of Article 37 of the Criminal Act, the sentence shall be determined after considering the case of concurrent judgment and equity in accordance with Article 39(1) of the Criminal Act and the mitigation or exemption of the sentence. In this respect, the judgment of the court below cannot be maintained any more.
3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, which omitted the judgment on the defendant's assertion of unfair sentencing, on the ground of ex officio reversal, and the following decision is again rendered
[C] The summary of the facts of the crime and the evidence admitted by the court below and the summary of the facts of the crime are all the facts of the crime in the judgment below. "The defendant is a person who was sentenced to 8 months of imprisonment for special injury by the Seoul Southern District Court on March 29, 2019 and 2 years of suspended execution and who became final and conclusive on April 24, 2020." The summary of the evidence is as follows: "1. A person of previous offense in the judgment of the court below is the same as an investigation report (except for addition of confirmation of the results of the judgment of the suspect-related case and criminal records, etc., it is the same as the corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article
Application of Statutes
1. Article 3(1), proviso of Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2(2) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018) concerning criminal facts.