교통사고처리특례법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., a fine of 4 million won) of the lower court against the Defendant is too unreasonable.
2. Prior to the judgment on the grounds of appeal by the defendant ex officio, 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 (driving) shall be considered as substantive concurrent crimes because there are significant differences in the purpose of legislation, form of act and protected legal interest, etc., and thus, the court below, despite the fact that the crime of violation of the Road Traffic Act constitutes concurrent crimes, has committed an unlawful act that has been treated as an ordinary concurrent crimes, and such an unlawful act has
3. Accordingly, 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, on the ground that the above ground for ex officio reversal exists, and the judgment below is again decided as follows
Criminal facts
The summary of the evidence and the criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime, the selection of fines for each crime;
1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the maximum amount of concurrent crimes within the scope of the penalty determined by the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy punishment and the maximum amount of each of the above crimes: Provided, That the lowest amount of concurrent crimes shall be the penalty determined for the crime of violating the Road Traffic Act);
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant confessions the crime of this case and reflects his mistake.