특정범죄가중처벌등에관한법률위반(위험운전치사상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence of the court below (eight months of imprisonment) is too unreasonable.
2. We examine the defendant's grounds for appeal ex officio before the judgment on the grounds for appeal, and each crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Crimes) constitutes an ordinary concurrent crime, despite the fact that it constitutes a substantive concurrent crime, and despite the fact that the crime of violation of the Road Traffic Act and the crime of violation of the Road Traffic Act and the crime of violation of the Guarantee of Automobile Accident Compensation Act are clearly different in the legislative intent, form of act and protected legal interest, the court below committed an unlawful act dealt with it as an ordinary concurrent crime, and the judgment of the court below cannot be maintained further in this regard.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is ruled as follows through pleading.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-11 (former part) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the Punishment, etc. of Specific Crimes, Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015);
1. Articles 40 and 50 of each Criminal Code of the Trade Union [Article 40 and 50 of each Act on the Aggravated Punishment, etc. of Specific Crimes (mutual crimes against death or injury resulting from dangerous driving and Article C of the same Act)].