beta
(영문) 대법원 2014.05.29 2014도4655

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the record in light of the relevant legal principles, the lower court reversed the judgment of the first instance on the ground that the lower court omitted the aggravation of repeated crime against each of the instant crimes, and thereby rendered the judgment.

In so doing, contrary to the allegations in the grounds of appeal, there are no errors by misapprehending the legal principles on Article 364 of the Criminal Procedure Act.

The assertion that the court below erred by failing to exhaust all necessary deliberations or omitting judgment on the "the state of difficulty in normal driving" which misleads the legal principles on the relation between the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of the crime of the violation of the Road Traffic Act and the crime of the violation of the Road Traffic Act, is not a legitimate ground for appeal.

Furthermore, even if ex officio examination is conducted, there is no error as alleged in the judgment below.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.