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(영문) 울산지방법원 2020.01.16 2019노931
교통사고처리특례법위반(치상)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

The seized Ambamblings 1 certificate.

Reasons

1. The summary of the grounds for appeal (No. 1 year of imprisonment with prison labor and no. 2 year of imprisonment with prison labor and no. 1 year and 6 months of imprisonment with prison labor) declared by the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal against each judgment of the court below for ex officio determination, the defendant filed an appeal against each judgment of the court below, and this court decided to hold concurrent hearings of the above two appeals. Since the crimes of the court below 1 and 2 against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act and are subject to one sentence under Article 38(1) of the Criminal Act, the judgment of the court below 1 and 2 cannot be maintained as they are.

3. Accordingly, 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, without examining the argument of unfair sentencing on each of the judgment below, on the grounds of ex officio reversal.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 30 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of bodily injury and the crime of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents) (the crime of bodily injury and the crime of violation of the Road Traffic Act dated May 17, 2018) are heavier.

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