교통사고처리특례법위반등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The punishment of each court below (the first instance court: the imprisonment of eight months and the second instance court: the imprisonment of ten months) against the accused in the summary of the grounds for appeal is too unreasonable; and
2. The judgment of the court of original judgment was rendered ex officio after examining the above two appeals, and the first and second court rendered separate hearings on the defendant. The defendant filed an appeal in entirety, and the court of original judgment decided to consolidate the above two appeals cases.
Each of the first and second original judgments against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and must be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the first and second original judgments cannot escape from all of them.
3. The judgment of the court below 1 and 2 on the grounds of the above ex officio reversal is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant and his defense counsel's assertion of unfair sentencing, and the judgment of the court below 1 and 2 is reversed in entirety, and the following is again decided after the
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1), the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 Subparag. 1, and Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46(2)2, the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation (Amended by Act No. 12987, Jan. 5, 2015); Article 148-2(2)3, and Article 44(1) of the Road Traffic Act, concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents;