특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. In light of the substance of the grounds for appeal in this case, the sentence imposed by the court below (one year of imprisonment and two years of suspended execution, etc.) is too uneased and unreasonable.
2. Prior to the judgment on the grounds of appeal by the prosecutor's ex officio, the prosecutor applied for changes to the part of the victim He's injury among the facts charged in the instant case with "an injury to the salt, tension, etc. of about three weeks in need of treatment", "an injury to the dys of dys, etc., including at least two dys of dys, which require treatment for about four weeks". Since this court permitted this, the subject of the judgment of the court below was changed by permission, the judgment of the court below cannot be maintained any longer.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the grounds of ex officio reversal as seen above, and it is again decided as follows.
Criminal facts
The summary of the facts of the crime and the evidence admitted by this court is as stated in the relevant column of the judgment below, except that the part of the "injury to salt, tensions, etc. in need of approximately three weeks of treatment" in Articles 20 and 21 of the 20th of the facts of the crime of the judgment of the court below, such as "an injury to dynas, etc., including two cages that require approximately four weeks of treatment" is the same as indicated in the relevant column of the court below, and thus,
Application of Statutes
1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 268 of the Criminal Act concerning criminal facts;
1. The crime of violating the Road Traffic Act due to the driving without a license under Articles 40 and 50 of the Criminal Code and the driving under the influence of alcohol.