특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., a fine of eight million won) of the lower court is too unhued and unreasonable.
2. The judgment of the court below on the ground of appeal by the defendant ex officio is based on the following facts: in the case where multiple victims are injured by one driving act which drives a motor vehicle while normal driving is difficult due to influence of alcohol, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) by each victim is established; however, since each of the above crimes constitutes several crimes, it is reasonable to deem that there is an ordinary concurrent relationship under Article 40 of the Criminal Act. However, the court below aggravated the concurrent crimes under Article 38 (1) 2 of the Criminal Act on the premise that each of the above crimes committed against two victims is in a concurrent relationship under Article 37 of the Criminal Act. The court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion of the judgment (the scope of the punishment is changed). In this regard, the judgment of the court below cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is again decided as follows after oral argument.
【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are quoted 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 committed in relation to the pertinent criminal facts, and Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.