특정범죄가중처벌등에관한법률위반(위험운전치사상)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The decision of the court below on the summary of the grounds for appeal (No. 1: imprisonment with prison labor for 10 months, and 2 months: imprisonment with prison labor for 6 months) is too unreasonable.
2. Upon ex officio determination, the court of original judgment Nos. 1 and 2 sentenced the defendant to imprisonment with prison labor for the former ten months and imprisonment for the latter six months with prison labor for the latter, and the defendant filed an appeal against each of the above two appeals cases, and the court of original judgment rendered a decision to jointly examine the above two appeals. Since each of the first and second appeals against the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act, the court of original judgment should be sentenced to a single sentence within the scope of punishment aggravated for concurrent offenses under Article 38(1) of the Criminal Act. In this regard, the court of original judgment against the above defendant cannot be exempted from all reversal.
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 oral argument.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court of first and second instance. Therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 subparag. 1, Article 44(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10790, Jun. 8, 201); Article 151 of the Road Traffic Act (amended by Act on the Aggravated Punishment, etc. of Specific Crimes); Articles 148 and 54(1) of the same Act (amended by Act No. 1488, Jan. 1, 201); Articles 46(2) and 8 of the former Guarantee of Automobile Accident Compensation Act (the operation of mandatory insurance vehicles).