logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.09.22 2014노2665
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Of the judgment of the first instance, each violation of the Road Traffic Act concerning victim G and H and assault on victim I.

Reasons

1. The summary of the grounds for appeal (the first judgment of the court below: Imprisonment with prison labor for eight months and the second judgment of the court of the court of the appeal: imprisonment with prison labor for four months) is excessively unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the court of first and second instance should concurrently examine the cases of appeal by the court of first and second instance against the defendant. Each of the crimes of the court of first and second instance against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and should be punished as a single sentence within the term of punishment or amount increased by concurrent crimes under Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained in this respect.

3. Accordingly, the judgment of the court below is reversed, and the remaining parts of the judgment of the court below, excluding the part dismissed as to the violation of each Road Traffic Act concerning the victim G and H, and the assault against the victim I among the judgment of the court of first instance under Article 364 (2) of the Criminal Procedure Act, without examining the defendant's allegation of unfair sentencing, are all reversed, and the judgment of the court of second instance is reversed, and it is again decided as follows

Criminal facts

The summary of the facts charged and the evidence recognized by the court is the same as the entries in each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Articles 148 and 54(1) of the Road Traffic Act, Article 5-11 (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 151 of the Road Traffic Act, Article 46(2)2 and Article 8 of the Guarantee of Automobile Accident Compensation Act, Articles 148-2(1)2 and 44(2) of the Road Traffic Act, Article 366 of the Criminal Act, Article 141(1) of the Criminal Act, Article 355(1) of the Criminal Act as to the crime.

arrow