교통사고처리특례법위반등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the reasons for appeal (unfair sentencing) of the original judgment (unfair sentencing: Imprisonment with prison labor for 6 months and imprisonment for 2 months) is too unreasonable.
2. The appellate court, ex officio, decided to hold a joint hearing of each appeal case of the judgment below.
The judgment of the court below, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, shall be concurrently sentenced pursuant to Article 38(1) of the Criminal Act, and a single sentence shall be sentenced within the scope of the term of punishment aggravated for concurrent crimes.
Therefore, all judgment of the court below cannot be maintained.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed in its entirety and it is again decided as follows, without further proceeding to decide on the defendant's unfair argument of sentencing.
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the corresponding columns of the original judgment.
In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.
Application of Statutes
1. Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (a point of driving without a license);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act on July 10, 2014 and a violation of the Road Traffic Act (non-licenseed driving));
1. Selection of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, such as imprisonment without prison labor, a crime of violating the Road Traffic Act and a violation of the Road Traffic Act;
1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2) and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is not well-known even though the Defendant was sentenced to a fine due to driving under the influence of alcohol at the beginning of 2014, and at the same time, the Defendant was not aware of the fine.