특정범죄가중처벌등에관한법률위반(위험운전치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (eight months of imprisonment) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the judgment of the court below is a crime falling under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the statutory punishment is imprisonment for not more than 10 years or a fine not less than 5 million won but not more than 30 million won, and the crime of violation of the Road Traffic Act in the judgment of the court below is a crime falling under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act and the statutory punishment is a fine not less than 1 year but not more than 3 years, or a fine not less than 5 million won but not more than 10 million won. Thus, in order to sentence the defendant imprisonment with prison labor for each of the above crimes and to punish repeated crimes and concurrent crimes, the amount of punishment shall be mitigated pursuant to Articles 53 and 55 (1) 3 of the Criminal Act.
In this regard, the judgment of the court below has sentenced the defendant to imprisonment with prison labor for a period of eight months without reducing the amount of imprisonment, which is lower than the lower limit of the punishment.
Therefore, the judgment of the court below is erroneous in the misunderstanding of legal principles, which affected the conclusion of the judgment.
3. If so, the judgment of the court below is reversed in accordance with 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 after pleading.
[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 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 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment, etc.