교통사고처리특례법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unreasonable as the punishment (amounting to five million won) imposed on the defendant is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.
Article 81 Subparag. 2 and Article 12(1) of the current Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015; hereinafter the same) shall apply to the violation of the Motor Vehicle Management Act, among the facts constituting the crime in the judgment below. However, as the above penal provision was amended on December 29, 2015, it should be applied to the above criminal facts committed before the enforcement of the Act (amended by Act No. 13686, Dec. 29, 2015; hereinafter the same) which were the law at the time of the act.
Therefore, the judgment of the court below can no longer be maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1) and the proviso to Article 3(2)1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46(2)2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle with no mandatory insurance), Articles 81 subparag. 2 and 12(1) of the former Automobile Management Act (the point of application for the registration of ownership transfer) concerning criminal facts;
1. Articles 40 and 50 of the Criminal Code of Trade and Trade (each. ..).