특정범죄가중처벌등에관한법률위반(도주차량)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
, however, for two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The lower court’s sentence in the grounds of appeal No. 2014No4729 is too unhued and unreasonable.
B. The reasoning of appeal No. 2015No2003 (A) Defendant’s sentence is too unreasonable.
(B) The Prosecutor’s sentence is too unhued and unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant and prosecutor ex officio, this Court decided to hold a concurrent hearing of each appeal case against the judgment below. Each of the offenses against the defendant in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.
Therefore, without further proceeding to decide on the grounds for appeal of unfair sentencing by the defendant and the prosecutor, all the judgment of the court below ex officio under Article 364(2) and (6) of the Criminal Procedure Act shall be reversed, and this decision shall be again rendered as follows
Criminal facts
The summary of the facts charged of the judgment of the court below and the summary of the evidence are as stated in the corresponding column of the judgment below, except for the correction as follows: "The part adjacent to the left side of the victim M (ma, 17 years old) driver's N of the victim M (ma, 17 years old) who entered the intersection when entering the intersection in contravention of the signal by the negligence of entering the intersection beyond the red signal in contravention of the signal and due to the negligence of leaving the intersection beyond the red signal in contravention of the signal," as stated in the corresponding column of the judgment of the court below, except for the correction as to "the part adjacent to the left side of the left side of the victim M (ma, South, 17 years old) who entered the intersection by the negligence in contravention of the signal."
Application of Statutes
1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, Article 3(1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.