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(영문) 전주지방법원 2017.11.30 2017노1283
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of six months and the suspension of execution of one year) is too unreasonable.

2. Since the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) as stated in the judgment of the court below ex officio is an ordinary concurrent relation, the punishment for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) against the victim E, which is the largest criminal situation, shall be imposed, but the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) and the crime of violation of Road Traffic Act (driving) as stated in the judgment of the court below shall be determined within the term of punishment for concurrent crimes under Article 38(1) of the Criminal Act, since the crime of violation of the Act on

However, the court below found guilty of the above violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (driving) by omitting aggravated punishment of concurrent crimes after selecting each imprisonment, thereby affecting the conclusion of the judgment.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Article 40 and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) are the victims E with the largest criminal situation.

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