특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Of the facts charged in the instant case.
The summary of the grounds for appeal (mental and physical weak and unfair sentencing) was found to lack the ability to discern things or make decisions by drinking at the time of committing an offense.
The sentence of the lower court (one year of imprisonment) is too unreasonable.
The court below found the defendant guilty of the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (non-licensed driving) on the ground of ex officio reversal of the grounds for violation of the Road Traffic Act (non-licensed driving).
As such, all of the charges for driving of drinking and driving without a license are committed on March 14, 201, and according to Articles 148-2 subparags. 1 and 152 subparag. 1 of the Road Traffic Act (amended by Act No. 10790, Jun. 8, 2011), the statutory penalty is imprisonment for not more than three years, a fine not exceeding KRW 10,000,000, and a fine not exceeding KRW 3 million is a fine for driving without a license. Thus, the period of prosecution is five years in accordance with Article 249 subparag. 5 of the Criminal Procedure Act.
In this part of the facts charged, the driving of drinking and non-licensed driving in the original indictment on July 27, 2017 are included in the facts charged, but the applicable law and the name of the crime were not stated. On September 21, 2017, the name of the crime and the applicable law were added according to the statement at the second trial date of the court below on September 21, 2017.
Therefore, since the indictment for driving under drinking and driving without a license among the facts charged in the instant case is apparent after the completion of the public prosecution, it shall be sentenced to acquittal pursuant to Article 326 subparagraph 3 of the Criminal Procedure Act, and the judgment of the court below shall be reversed on the ground that the crime of violation of road traffic law (driving under drinking) and the crime of violation of road traffic law (licenseless driving) are punished on the other crimes and concurrent crimes under the former part of Article 37 of the Criminal Act, the entire judgment of the court below shall be reversed.
However, the mental and physical weak argument is still subject to the judgment of the party, and it is judged below.
The judgment of the court below on the assertion of mental and physical weakness is based on the evidence.