교통사고처리특례법위반등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a short term of one year and six months, and a long term of two years.
1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for a short term of one year and six months, a long term of two years and a long term of two years: imprisonment with prison labor for a short term of four months and a long term of six months) that are declared by the original judgment is too unreasonable.
2. Examining ex officio prior to the determination of the grounds for appeal of unfair sentencing by the defendant on the grounds for appeal of unfair sentencing by the court below, each of the appeals cases was tried by the defendant in the court of appeal as the defendant filed each appeal against the judgment of the court below. The criminal facts of each judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and as seen below, they should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes pursuant to Article 38(1) of the Criminal Act, so the judgment of the court below
3. Accordingly, the court below's decision is reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above reasons for reversal of authority. It is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is identical to each corresponding column of each judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1) and proviso of Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 347(1) of the Criminal Act, Article 231 and Article 30 of the Criminal Act, Articles 234, 231 and 30 of the Criminal Act, Articles 234, 231 and 30 of the Criminal Act, Articles 230 and 30 of the Criminal Act, Articles 230 and 30 of the Criminal Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the occupation of a licenseless driving, the choice of imprisonment) concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;