특정범죄가중처벌등에관한법률위반(도주차량)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (the first instance court: one year; the second instance court; the two years after the suspension of execution of imprisonment in October; and the 40 hours during the compliance driving lecture) of the lower court is too unreasonable; and
2. Prior to the judgment on the grounds for appeal by the defendant, the health team ex officio prior to the judgment on the grounds for appeal by the defendant, and the defendant filed each appeal against the judgment of the court below, and conducted a joint examination in the trial. Each crime of the court below is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act.
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 respective arguments on unfair sentencing, and it is again decided as follows through pleading.
Criminal facts
Since the summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding column of each judgment of the court below, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54 (1) of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, Articles 152 (1) 1 and 43 of the Road Traffic Act, Articles 151 (1), 31 (1), and 30 of the Criminal Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Among concurrent crimes, the defendant's reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act recognize each crime, and reflects the mistake, and the vehicle of the defendant is integrated insurance.