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 main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced on October 23, 2014 to 8 months of imprisonment and 2 years of suspended execution on October 24, 2014 at the Suwon District Court, and the judgment became final and conclusive on October 24, 2014. The above crimes and each of the crimes of this case for which judgment becomes final and conclusive are both concurrent crimes under the latter part of Article 37 of the Criminal Act, and are determined after examining whether to reduce or exempt punishment in consideration of equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained in this respect.
3. Therefore, 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, and the judgment below is again decided as follows after hearing.
Criminal facts
The summary of the facts constituting an offense and the summary of the evidence admitted by this court are as follows: “The defendant was sentenced on October 23, 2014 to 8 months of imprisonment and two years of suspended execution and became final and conclusive on October 24, 2014 at the Suwon District Court on October 23, 2014 due to the violation of the Punishment of Violences, etc. Act (joint conflict)” in the first head of the facts constituting an offense as stated in the judgment of the court below; “The summary of the case agreement auxiliary to the summary of the evidence”; and each judgment is the same as the corresponding column of the judgment of the court below except for addition of “the addition.”
Application of Statutes
1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act on Criminal Facts, Article 268 of the Criminal Act, Articles 148-2(2)1 and 44(1) of the Road Traffic Act, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act.