특정범죄가중처벌등에관한법률위반(위험운전치사상)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
However, for two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal (No. 1 year of imprisonment and No. 2 of imprisonment with prison labor) is too unreasonable.
2. This court decided ex officio by combining each appeal case against the judgment of the court below Nos. 1 and 2. The first instance court and the judgment of the court below No. 2 were to be tried together. The crime of the first instance judgment and the second instance judgment are concurrent crimes under the former part of Article 37 of the Criminal Act and must be sentenced to a single sentence within the scope of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below and the judgment of the court below No. 2 cannot be exempted.
3. As such, the judgment of the court below Nos. 1 and 2 is reversed ex officio as seen above. Thus, without examining the defendant's unfair argument about sentencing, all of them are reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the arguments are reversed, and the judgment below is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by each dangerous driving), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the crime, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (referring to the act of driving under influence of alcohol), Article 152 subparagraph 1 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act among the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (only between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the death or injury before
1. Selection of each sentence of imprisonment;
1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated to the extent that the total sum of the long-term punishments of each of the crimes above is added to the punishment determined for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, of which punishment is heavier, and the lower limit is applicable to the punishment determined for a
1. Article 53 of the Criminal Act for mitigation of amount;