도로교통법위반(사고후미조치)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.
The statutory punishment for the crime of violation of the Road Traffic Act is “a punishment for a term of not less than one year but not more than three years or a fine of not less than five million won but not more than ten million won” under Article 148-2(1)1 of the Road Traffic Act. Therefore, in order to sentence the Defendant to imprisonment with prison labor for a term of less than one year, a small amount of punishment shall be mitigated pursuant to Articles 53 and 55(1)3 of the Criminal Act.
Nevertheless, the lower court, on the grounds that the Defendant committed a violation of the lower limit of the punishment by omitting the reduction of the amount of punishment in the application of statutes while sentencing eight months of imprisonment, is no longer maintained in this regard.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair judgment on the sentencing, and the judgment below is reversed and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148, Article 54(1) (a) of the Road Traffic Act related to the facts constituting an offense, Article 148, Article 54(1)1, Article 148-2(1)1, and Article 44(1) (a) of the Road Traffic Act, Article 152 subparag. 1, and Article 43 of the Road Traffic Act (a non-licensed driving) concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The Defendant, on the grounds of sentencing Articles 53 and 55(1)3 of the Criminal Act (i.e., taking into account the following favorable circumstances) of the Act on Reduction of Small Amount, is against the principle of good faith that all of the instant crimes are recognized in the trial.
The damage caused by traffic accidents is significant.