특정범죄가중처벌등에관한법률위반(도주치상)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 (e.g., imprisonment with prison labor for ten months) of the lower court is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
On January 8, 2020, the Defendant was sentenced to one year of imprisonment with prison labor for fraud, etc. in the Jeonju District Court's Militarysan Branch, and the above judgment became final and conclusive on June 9, 2020.
Since the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of this case against the defendant is one of the concurrent crimes provided for in the latter part of Article 37 of the Criminal Act with the above crime of fraud, etc. against which the judgment becomes final and conclusive, the sentence should be imposed in consideration
Therefore, the judgment of the court below can no longer be maintained.
3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is so decided as follows.
[Discied reasoning of the judgment below] The summary of facts constituting a crime and evidence admitted by this court is all of the facts constituting a crime and the summary of the evidence. It added "the defendant was sentenced to one year of imprisonment with prison labor on January 8, 2020 with prison labor on the grounds of fraud, etc." The above judgment was finalized on June 9, 2020." The summary of evidence added "the search and judgment of the Supreme Court" to "the judgment of the court below is the same as the corresponding column of the judgment of the court below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after causing damage and destruction);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.