특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of eight months, the suspension of the execution of two years, the community service order 160 hours, and the order to attend a lecture 40 hours) is too unfluent and unreasonable.
2. An ex officio determination prosecutor applied Article 148-2(2)1 and Article 44(1) of the Road Traffic Act (a statutory penalty: imprisonment with prison labor for not less than one year but not more than three years, or a fine not less than 5 million and not more than 10 million won) to the violation of the Road Traffic Act among the facts charged in the instant case. The lower court erred by applying Articles 148-2(2)2 and 44(1) (a) of the Road Traffic Act (a statutory penalty: imprisonment with prison labor for not less than six months but not more than one year, or a fine not less than three million and not more than five million won).
In addition, this case is a case where punishment should be aggravated for concurrent crimes such as the violation of the Road Traffic Act (dacting driving) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (dacting a death or injury prior to the death or injury).
Articles 148-2(2)1 and 44(1) of the Road Traffic Act shall apply as a prosecution by a public prosecutor, and when selecting each imprisonment, the applicable sentence shall be more than one year but not more than 13 years. As above, the judgment below erred in applying Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and, in such a case, the applicable sentence shall be sentenced to imprisonment with prison labor for not less than six months but not more than 11 years, and the applicable sentence shall vary.
Therefore, the judgment of the court below cannot be maintained as it is because it contains errors affecting the judgment.
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through 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. Criminal facts;