특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentencing of the lower court (one year and four months of imprisonment, three years of suspended execution, three years of probation, 40 hours of attending the compliance driving lecture, 120 hours of community service) is too unreasonable.
2. An ex officio determination prosecutor filed an application for changes in the indictment with regard to the name of the part of the crime as "special assault" from "violation of the Punishment of Violences, etc. Act (collective assault with a deadly weapon, etc.)" and the applicable provisions of the Act as "Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act" respectively. Since the above court permitted changes in the indictment subject to adjudication by permitting changes in the indictment, the judgment of the court below is no longer maintained.
3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the following decision is delivered through pleadings.
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 151 of the Road Traffic Act, and Articles 261 and 260 (1) of the Criminal Act concerning the facts constituting the crime (the point of assaulting carrying a dangerous object);
1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 40 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 40 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 40 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 11)
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the punishment of the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act is the largest;