교통사고처리특례법위반(치사)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (legal scenarios and unreasonable sentencing) omitted the judgment dismissing the prosecution against three traffic accident victims agreed upon, and the lower court’s punishment (one year and six months without prison labor) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
Article 38(1)2 of the Criminal Act provides that “When concurrent crimes are adjudicated at the same time, the punishment specified for each crime shall be aggravated by up to one half of the maximum term or maximum amount for the most severe crime, but shall not exceed the total of the maximum term or maximum amount of the punishments specified for each crime, in the event of the same kind of punishment, other than death penalty or imprisonment for life or imprisonment without prison labor for life,” and Article 38(2) of the Criminal Act provides that “In the case falling under any of the subparagraphs of the preceding paragraph, imprisonment and imprisonment without prison labor shall be deemed as
Nevertheless, the court below erred by misapprehending the legal principles of Article 38(2) of the Criminal Act, which affected the conclusion of the judgment by misapprehending the legal principles of Article 38(2).
(4) The court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the legal principles of the defendant and the allegation of unfair sentencing, and the following decision is made in accordance with Article 364 (2) of the Criminal Procedure Act.
[Grounds for the judgment of multiple times] Criminal facts and summary of evidence recognized by the court is the victim K (Woo, 75 years old) who is the same person in criminal facts and the summary of evidence.