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(영문) 춘천지방법원 강릉지원 2015.10.22 2015노460

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The grounds for appeal by the defendant ex officio are examined ex officio prior to the judgment.

Article 46(2) of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015; hereinafter the same shall apply) was amended by Act No. 12987, Jan. 6, 2015; the upper limit of fines was raised from not more than 5 million won to not more than 10 million won; the Addenda to the Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015) (amended by Act No. 12987, Jan. 6, 2015) provides

Therefore, Article 1(1) of the Criminal Act applies to the portion of the charges of this case on August 25, 2014, which the Defendant driven a rolling stock not covered by mandatory insurance on August 25, 2014 (Article 46(2)2 and Article 8 of the former Guarantee of Automobile Accident Compensation Act as a corporation at the time of an act pursuant to Article 1(1) of the Criminal Act, but the judgment of the court below that applied the new Act is erroneous in the application of the Act, and such illegality affected the judgment.

3. Therefore, 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, without examining the above grounds for ex officio reversal.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it 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, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the former Guarantee of Automobile Accident Compensation Act, and Article 347 of the Criminal Act concerning the crime.