교통사고처리특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal. Since the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the crime of violation of the Road Traffic Act among the facts charged in this case constitute ordinary concurrent crimes, it should have applied Articles 40 and 50 of the Criminal Act among the above crimes in determining the applicable punishment against the defendant, the lower court, which applied Article 37 of the Criminal Act to all the crimes stated in the facts charged, by deeming them as substantive concurrent crimes, has committed an error of law which affected the conclusion of the judgment by misapprehending the legal doctrine on the relationship of ordinary concurrent crimes, and in this regard, the lower court cannot be maintained
3. Accordingly, the court below's decision is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act, and it is so decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents, between violations of the Road Traffic Act, and between violations of the Road Traffic Act and punishment heavier than punishment);
1. Determination of imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Optional Punishment and the Guarantee of Automobile Accident Compensation Act;
1. The punishment provided for in the former part of Article 37 and Article 38(1)2 and (2) and Article 50 of the Criminal Act, which increases concurrent crimes, is heavier;