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(영문) 수원지방법원 2016.04.22 2015노4747
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (6 months of imprisonment) is too unreasonable.

2. Ex officio determination

A. Before determining the grounds for appeal, the lower court ex officio examined the facts constituting an offense in violation of the Guarantee of Automobile Damage Compensation Act as indicated in the lower judgment, and applied Articles 46(2)2 and 8 of the Guarantee of Automobile Damage Compensation Act.

However, Article 46(2) of the current Guarantee of Automobile Damage Compensation Act (amended by Act No. 12987, Jan. 6, 2015; hereinafter “former Act on the Loss of Motor Vehicles”) is amended and enforced on the same day as it was partially amended by Act No. 12987, Jan. 6, 2015. Thus, the current Act on the Loss of Motor Vehicles cannot be applied to the crime committed by the Defendant prior to the enforcement of the current Act on the Loss of Motor Vehicles, and Article 46(2) of the former Guarantee of Automobile Damage Compensation Act (amended by Act No. 12987, Jan. 6, 2015; hereinafter the same shall apply) (amended by Act No. 12987, Jan. 6, 2015) shall be applied.

Nevertheless, the court below erred in applying Article 46 (2) 2 of the current Act on the Loss of Motor Vehicles, which is a new corporation with a heavier punishment, so the judgment of the court below cannot be maintained any more in this respect.

B. In addition, the crime of violating the Road Traffic Act as stated in the judgment of the court below is a crime falling under Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the statutory punishment is “a imprisonment of not less than one year but not more than three years, or a fine of not less than 5 million won and not more than 10 million won,” and as stated in the judgment of the court below, if the punishment is selected for each crime after the regular concurrent treatment of crimes No. 1 as stated in the judgment of the court below, and if the punishment is aggravated, the punishment shall be more than one year and not more than 14 years, but the punishment shall be less than 1 year and not more than 14 years, but the court below sentenced six months to imprisonment with prison labor which is less than the lowest sentence of the above punishment without reducing the amount of punishment to be sentenced.

The judgment of the court below shall be made by misapprehending the legal principles on the amount of punishment or having proper reasons.

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