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인천지방법원 2017.08.30 2017노1142
교통사고처리특례법위반(치상)등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing: 2 years of suspended execution, community service, 80 hours in the month of imprisonment, 40 hours in the course of education, 2 hours in the course of education, 2 years of suspended execution in the month of imprisonment, 120 hours in the course of community service, and 120 hours in the course of protection) that the court below sentenced the defendant is too uneasy and unfair.

2. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio.

The Court held that each appeal case against the judgment of the court below was consolidated and tried, and each offense against the defendant at the time of the judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act, and thus, should be punished as a single sentence within the scope of aggravated punishment in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1), Article 3 (2) (proviso) 3 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, and Article 151 of the Road Traffic Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 (Punishments provided for in crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and of violation of Road Traffic Act due to the destruction of property by negligence in the course of each business, punishment and violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C, the most severe punishment and crime committed) of the Commercial Concurrent Crimes;

1. Crimes against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents: