특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The sentence of the lower court (the fine of KRW 5,00,000) against the Defendant on the summary of the grounds of appeal is too unreasonable.
2. According to the records of ex officio determination, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Southern District Court on December 12, 2013 and the judgment became final and conclusive on March 31, 2014. The above crime of fraud and the crime of this case, for which the judgment became final and conclusive, are in a concurrent crime relationship under the latter part of Article 37 of the Criminal Act, and are determined after considering the case of concurrent crimes under Article 39(1) of the Criminal Act and the equity, and examining whether to reduce or exempt the punishment. The judgment of the court below omitted the treatment of concurrent crimes, and thus the judgment of the court below is no longer
3. Accordingly, 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 through pleading.
Criminal facts
The summary of the facts constituting a crime recognized by this court and the summary of the evidence are as follows: "The defendant was sentenced to imprisonment for six months at the Seoul Southern District Court on December 12, 2013 and the above judgment became final and conclusive on March 31, 2014" in all of the facts constituting a crime in Section 2 of the judgment of the court below; and the summary of the evidence in Section 2 is the same as the corresponding column of the judgment of the court below, except for addition of "1. criminal records: the meeting of agreement assistance and each judgment" to the summary of the evidence in Section 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection
1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Detention at a workhouse;