교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (one year of imprisonment) is too unreasonable.
2. According to the records of this case's decision ex officio, the defendant was sentenced to one year of imprisonment due to a violation of road traffic law (drinking), etc. in the case No. 2020 Goyang Branch 957, which became final and conclusive September 26, 2020. Each of the crimes in the judgment of the court below is the concurrent crimes between the violation of road traffic law (dacting driving) and the latter part of Article 37 of the Criminal Act, which became final and conclusive, and the punishment shall be determined in consideration of the case of concurrent judgment and equity pursuant to Article 39 (1) of the Criminal Act. In this respect, the judgment of the court below is no longer maintained.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is reversed, and it is again decided as follows after pleading.
[Grounds for a new judgment] The summary of facts constituting a crime and evidence recognized by this court is the first head of the original judgment, and the first head of the original judgment was sentenced to imprisonment with labor for a period of one year due to a violation of road traffic law (doning under drinking), and the said judgment became final and conclusive on September 26, 2020.
“Before the judgment of the court below in the summary of the evidence,” except for adding “1. Before the judgment of the court below: the High Court 2020 High Court 2020 High Court 957 High Court 2020 High Court 2020 High Court 1504 High Court 2020 High Court 1504 High Court 2020 High Court 2020 High Court 2020 High Court 200
Application of Statutes
1. Article 148-2(1) and Article 44(1) of the Road Traffic Act (the influence of alcohol, the choice of imprisonment), Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of duties and negligence, the choice of imprisonment without prison labor), Article 37 of the Criminal Act concerning concurrent crimes: Provided, That Article 39 of the same Act concerning concurrent crimes is provided.