특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. In light of all of the sentencing conditions indicated in the instant case, including the Defendant’s age, character and conduct, the background and result of the instant crime, the circumstances after the instant crime, etc., the sentence imposed by the lower court (eight months) is somewhat unreasonable, and thus, the above assertion is well-grounded.
2. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
【Discied Judgment】 The facts constituting a crime recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are cited 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 committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of a sound driving), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Road Traffic Act and the violation of the Road Traffic Act).
1. Selection of each sentence of imprisonment;
1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the maximum period of the crimes of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving), which are heavier than the punishment, (within the scope of adding up the maximum period of the two crimes): Provided, That the minimum
1. Reasons for the above appeal under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation