교통사고처리특례법위반등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The decision of the court below on the summary of the grounds for appeal (Nos. 1, 2, and 3: Imprisonment with prison labor for 6 months) is too unreasonable.
2. Ex officio determination of ex officio, the first, second, and third court sentenced the defendant to six months of imprisonment with prison labor after the completion of separate deliberation on each of the crimes committed by the defendant in the judgment of the defendant. The court of the first, second, and third court decided to hold concurrent hearings of each of the above cases in which the defendant filed an appeal against each of the above judgments. Since each of the crimes of the first, second, and third court below against the defendant is in a concurrent relationship with each of the concurrent crimes under the former part of Article 37 of the Criminal Act, it shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act, the judgment of the court below against the defendant was no longer maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all 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. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol on June 1, 2013), Article 151 of the Road Traffic Act, Article 3 (1), the proviso to Article 3 (2) 2 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol on February 5, 2014), Articles 148 and 54 (1) of the Road Traffic Act (the point of taking measures after an accident) concerning the relevant criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes and on June 1, 2013.