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(영문) 전주지방법원 2015.04.17 2015노86
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for a period of one year and four months.

Reasons

1. The sentence imposed by the lower court (one year and four months) on the summary of the grounds for appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio. The defendant's act of entering the agricultural machinery road while driving a motor vehicle as stated in the facts constituting a crime in the judgment of the court below and obtaining the victim Eul from the victim E in front of the motor vehicle, and continuing to receive the victim E in front of the motor vehicle, constitutes a commercial concurrence under Article 40 of the Criminal Act, which constitutes several crimes. However, the court below dealt with it as a substantive concurrent crimes. The court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion of the judgment, and thus, the judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the 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) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. The crime of this case is committed under Articles 40 and 50 of the Criminal Code for the ordinary concurrence and the choice of punishment (the punishment imposed on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with more severe punishment, and the choice of imprisonment without prison labor). Considering the fact that the crime of this case was committed by the defendant while driving at school and resulting in the death of two victims, and that there is no agreement between the victims and their bereaved family members, so the victims' bereaved family members are under the punishment of the defendant.

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