교통사고처리특례법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won of fine) is too unreasonable.
2. Before the judgment on the grounds for appeal by the defendant is examined ex officio, and the records show that the defendant was sentenced to a suspended sentence of two years on May 2, 2014 to imprisonment with prison labor for the violation of the Road Traffic Act on the grounds of the violation of the Road Traffic Act at the Sungwon District Court's Sung-nam branch on May 2, 2014, and the judgment became final and conclusive on May 10, 2014. Since the above violation of the Road Traffic Act and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment of this case shall be determined after examining whether to reduce or exempt punishment in consideration of equity and cases where the judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act, and the judgment of the court below is omitted in the process of
3. Therefore, 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 hearing.
Criminal facts
The summary of the facts constituting a crime and the evidence admitted by this court is the first head of the facts constituting a crime as stated in the judgment of the court below. "The defendant was sentenced to two years of suspension of execution on May 10, 2014 for the violation of the Road Traffic Act (driving on May 2, 2014) at the Sungwon District Court's Sung-nam branch, and the judgment became final and conclusive on May 10, 2014." The summary of the evidence is the same as the corresponding column of the judgment of the court below except for addition of "case agreement assistance meetings and court rulings" in the summary of the evidence as stated in the summary of the evidence
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the selection of fines;
1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;