특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and four months.
1. The sentence imposed by the lower court (one year and four months of imprisonment) on the gist of the grounds of appeal is deemed to be too unhued and unreasonable.
2. Before examining the reasoning of the Defendant’s appeal ex officio, the record reveals that the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act at the Ulsan District Court on August 10, 2016, and the judgment became final and conclusive on November 19, 2016. As such, the above violation of the Road Traffic Act (driving) and each of the instant crimes are in concurrent crimes with the latter part of Article 37 of the Criminal Act, and the sentence is determined in consideration of equity with the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Thus, the lower court’s judgment was unable to be maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows.
[Re-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are as follows. The first head of the crime of the court below's judgment "criminal records" added "the defendant was sentenced to six months of imprisonment for the crime of violation of road traffic law (driving under influence) at the Ulsan District Court on August 10, 2016 and the judgment became final and conclusive on November 19, 2016" to "a summary of evidence" to "a summary of the evidence" to "a summary of the judgment: 2 copies of the judgment (Seoul District Court 2015 High Court 2734, 2016, 1286)" to "a summary of the summary information of the case of KICS" as stated in each corresponding column of the court below, and thus, this is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Article 136(1) of the Criminal Act (the fact of obstructing the performance of official duties), Article 148-2(1)1 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act (the point of drinking driving) concerning the crime, Article 152 of the Road Traffic Act.