특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the period of two years from the date this judgment becomes final and conclusive.
The court below's sentence (the imprisonment of eight months, the suspension of the execution of two years, and the lecture of compliance driving 40 hours) against the defendant in summary of the grounds for appeal is too unreasonable.
The grounds for appeal by the defendant shall be examined ex officio prior to the judgment.
Of each of the crimes indicated in the judgment below, Article 148-2(2)1 and Article 44(1) of the Road Traffic Act provides that the statutory penalty is one year to three years, or more, and is a fine of not less than five million won but not more than ten million won, and the remaining crimes and the punishment for concurrent crimes shall not be sentenced to eight months of imprisonment and two years of suspension of execution, without statutory mitigation or reduction of the amount of imprisonment, and the court below erred by exceeding eight months of imprisonment and two years of suspension of execution, without statutory mitigation or reduction of the amount of imprisonment.
In this respect, the judgment of the court below is no longer maintained.
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.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated within the scope of the sum of the long-term punishments of the above two crimes (a minimum punishment shall be imposed).