특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for seven months.
1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (eight months of imprisonment) is too unreasonable.
2. Determination
A. Although ex officio determination ex officio, the crime of violation of the Guarantee of Automobile Accident Compensation Act due to automobile driving and the crime of violation of the Road Traffic Act (unlicensed driving) due to automobile driving under the condition of mandatory insurance at the time of the original judgment, the court below held that the crime of violation of the Road Traffic Act is a substantive concurrent crime under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below erred
B. We examine the judgment on the grounds for appeal and the grounds for appeal by the defendant.
The defendant deposited 1 million won against the victim when he was in the trial, and when examining the defendant's age, character and conduct, and family environment, various sentencing conditions as shown in the arguments are considered to be heavy.
Therefore, we accept the defendant's argument.
3. In conclusion, the court below's decision is reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act, since there is a ground for reversal ex officio and the defendant's appeal is well-grounded.
[Judgment of the court below] The summary of criminal facts and evidence admitted by a party member of the summary of criminal facts and evidence is the same as the corresponding column of the judgment below, and thus, it shall be cited as it is in accordance with Article 3
Application of Statutes
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment (Provided, That imprisonment without prison labor for a violation of Article 151 of the Road Traffic Act shall be imposed);
1. Concurrent Crimes.