특정범죄가중처벌등에관한법률위반(도주치상)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal (unfair sentencing)
A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Before determining the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to one year of imprisonment on March 17, 2020 with respect to the violation of the Act on the Control of Narcotics, etc. at the Incheon District Court Branch Branch Office of Busan District Court, and the judgment became final and conclusive on September 22, 2020. The defendant's crime of violation of the Act on the Control of Narcotics, etc. and the crime of this case in relation to the crime of violation of the Act on the Control of Narcotics, etc., for which the judgment became final and conclusive prior to the day when the above judgment became final and conclusive. As such, the crime of violation of the Act on the Control of Narcotics, etc. and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment of this case is set at the same time taking into account
3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the argument of unfair sentencing by the defendant and the prosecutor, and the part of the judgment of the court below against the defendant is reversed, and it is again decided as follows.
[C] The summary of criminal facts and evidence admitted by this court is as follows. The first head of the judgment of the court below added "the defendant was sentenced to one year to imprisonment on March 17, 2020 for the violation of the Act on the Control of Narcotics, etc. (fence) and the judgment became final and conclusive on September 22, 2020." The summary of evidence is changed "the part of the defendant's legal statement" in the first sentence to "the court statement of the defendant at the trial of the defendant," and "1. The summary of evidence is as stated in the judgment of the court below except for adding "the copy of the judgment and the inquiry of the case" to "the copy of the judgment and the inquiry of the case."