교통사고처리특례법위반(치상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the records show that the Defendant was sentenced to imprisonment with prison labor for larceny, etc. on February 20, 2020 at the Gangnam Branch of the Chuncheon District Court, and on September 18, 2020, and the judgment became final and conclusive on September 18, 202.
Thus, in the relationship between larceny and the latter part of Article 37 of the Criminal Act, the punishment shall be determined after considering equity in the case of concurrent judgment and examining whether to reduce or exempt punishment in accordance with Article 39(1) of the Criminal Act. As such, the judgment of the court below was no longer maintained.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 assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.
[Discied reasoning of the judgment below] The summary of criminal facts and evidence admitted by this court is added to "criminal records" in the judgment below, and "the defendant was sentenced to 10 months of imprisonment with prison labor for larceny, etc. on February 20, 2020, and the judgment became final and conclusive on September 18, 2020." The summary of evidence is as stated in each corresponding column of the judgment of the court below, except for adding "the previous conviction at the time," and "the significant facts in this court" to "the summary of evidence" as stated in each corresponding column of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1), 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 and Article 151 of the Road Traffic Act concerning criminal facts;
1. The Criminal Act dealing with selective concurrent crimes by which selective punishment of Articles 40 and 50 (Punishments stipulated in the Act on Special Cases concerning the Settlement of Traffic Accidents that is heavier than that of any more severe punishment) of the Criminal Act is imposed;