특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (hereinafter referred to as 5,00,000 won of fine) declared by the court below is too unhued and unreasonable.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor filed an application for changes in the indictment with the purport that "A prosecutor sustained injuries in the name of the sick person who needs to be treated for about two weeks" was changed to "A prosecutor suffered injuries in the name of the sick person who needs to be treated for about two weeks", and this court permitted the same, thereby changing the subject of the judgment against the defendant. Thus, the judgment of the court below was no longer maintained.
3. Therefore, the judgment of the court below is reversed ex officio in accordance with Article 364(2) and (6) of the Criminal Procedure Act without examining the prosecutor's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts constituting the crime and the evidence acknowledged by this court is as follows: (a) 2 weeks under the criminal charge column of the judgment of the court below and 2 weeks under the same, the summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for the case where the "the investigation report of April 1" is deemed as the "1. Investigation report of each investigation report", and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes against Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving
1. Selection of each alternative fine for punishment;
1. Article 37 of the Criminal Code among concurrent crimes.