교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) on the defendant is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the records show that Defendant 1 was sentenced to imprisonment for nine months, two years of suspended sentence, and community service order on August 13, 2019 and the judgment became final and conclusive on September 16, 2020 by the Cheongju District Court on August 13, 2019.
The crime of the lower court and the crime for which the said judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after considering equity and mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act in a concurrent crime relationship under Article 39(1) of the Criminal Act. As such,
3. 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 reversed, and the following is again decided after pleading.
[Grounds for the judgment of multiple court] The summary of facts constituting a crime and the evidence admitted by the court and the summary of the evidence are as follows: "The defendant was sentenced to imprisonment with prison labor on August 13, 2019, two years of suspended execution, and community service order and such judgment became final and conclusive on September 16, 2020 at the Chungcheong District Court on August 13, 2019 due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of intentional injury)"; and "1. Cheongju District Court Decision 2019No549, May 549, 2019; Court Decision 2019No1246, Dec. 46, 201; Supreme Court Decision 2020Do9193
1. Except for the addition of “the details of inquiry of a case,” it is identical to the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The injury resulting from occupational negligence under Article 3 (1), proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;