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(영문) 창원지방법원 2015.07.02 2014노2673
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The gist of the grounds for appeal is that the Defendant appealed each of the following grounds: (a) on the grounds that the sentence imposed by the lower court on the Defendant (Article 1: 3 years of suspended sentence of imprisonment for one year; probation, community service, 200 hours; (b) 40 hours of compliance driving curriculum; and (c) 2 months of imprisonment for the second instance court) is too unreasonable, the prosecutor appealed each of the grounds that the sentence of the lower court is too un

2. We examine ex officio prior to the judgment on the grounds for appeal by the Defendant and the Prosecutor.

This Court tried to combine the appeal cases against the judgment of the court below in the first and second instances, and each of the crimes in the judgment of the court below in the second and second instances in the relationship of concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, in accordance with Article 38(1) of the Criminal Act, the defendant should be punished as a single sentence within the scope of the term of punishment increased by concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard

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

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are as stated in the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, Article 152 of the Road Traffic Act concerning the crime;

2. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crimes against death or injury resulting from dangerous driving and the crimes shall be included in the victim F with heavier punishment.

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