교통사고처리특례법위반(치상)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
The Defendant, each of whom was sentenced by the lower court, is heavy.
The appeal was lodged.
At the first instance court, the defendant received a public notice under Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings without being served with a copy of the indictment and a summons of the defendant, etc., and the judgment became final and conclusive. The defendant was determined to recover the right of appeal on the ground that he was unable to attend the trial due to the impossibility
Since these circumstances constitute grounds for reexamination under Article 23-2 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the trial must proceed with a new litigation procedure against the defendant and make a new judgment according to the results of a new trial.
The judgment of the court of first instance cannot be maintained as it is.
On the other hand, the defendant appealed from the judgment of the court of first instance after being sentenced to imprisonment with prison labor for ten months and three months in the judgment of the court of second instance, and the court of second instance concurrently deliberated on the appeal case.
The judgment of the court below made it impossible to maintain it as it is because each crime is concurrent crimes under the former part of Article 37 of the Criminal Code, and one punishment should be sentenced.
The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, after pleading, on the grounds of such ex officio reversal.
Criminal facts
Since the summary of the judgment of the court below is the same as each corresponding column of the judgment of the court below, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 152 subparag. 1, Article 43 of the Road Traffic Act, Article 87(3) of the Military Service Act, Article 87 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 87(3) of the Road Traffic Accidents shall be sentenced to imprisonment without prison labor, and imprisonment without labor for crimes violating the Road Traffic Act;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (the most severe punishment) of the Criminal Code for the aggravation of concurrent crimes.