특정범죄가중처벌등에관한법률위반(위험운전치사상)등
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for eight months;
3.Provided, That for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal, the prosecutor ex officio examined the defendant's grounds for appeal, and the prosecutor applied for changes in the indictment with the phrase "20:00" as stated in paragraph (1) of the facts charged against the defendant in the trial, "23:00", and this court permitted the change in the subject of the judgment, so the judgment of the court below was no longer maintained.
3. According to the conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in the corresponding column of the judgment below, except for the alteration of the facts charged in the judgment below to “23:00” as stated in paragraph (1) of the same Article, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 81 subparagraph 2 of the Road Management Act, Articles 81 and 12 (1) of the Automobile Management Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, concerning the operation of a motor vehicle which has not been subscribed to mandatory insurance);
1. Articles 40 and 50 of the Criminal Act (trade between the crimes of violating the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes of violating the Road Traffic Act, between the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act without obtaining a license);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the punishment of the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act is the largest;