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(영문) 전주지방법원 2017.07.13 2017노703

도로교통법위반(무면허운전)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The decision of the court below on the summary of the reasons for appeal (6 months of imprisonment) is too unreasonable.

2. In the case of an ex officio determination prosecutor, Article 37 of the Criminal Act is added to “Article 39(1) of the Criminal Act” under the applicable law. Of the facts charged, the part of the charge [criminal experience] is a suspended sentence of imprisonment with prison labor for a crime of violating the Road Traffic Act in the Jeonju District Court’s Gunsan Branch on March 8, 2017, and the defendant appealed for two years after being sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act.

“The Defendant was sentenced to a suspended sentence of two years on March 8, 2017 for a violation of the Road Traffic Act at the Gunsan Branch of the Jeonju District Court on March 8, 2017, and the said judgment became final and conclusive on June 24, 2017.

“Application for Amendments to Bill of Indictment was filed,” and the subject of the adjudication was changed by this court’s permission, and the judgment of the court below was no longer maintained.

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.

【The reasoning of the judgment that was used again 【The facts constituting a crime and the summary of the evidence admitted by the court and the summary of the evidence, the first head of the judgment of the court below, on March 8, 2017, sentenced the Defendant to two years of suspended sentence for eight months of imprisonment for a violation of road traffic law at the Gunsan Branch of the Jeonju District Court, and became final and conclusive on June 24, 2017.

“A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for adding “a prior conviction in the judgment of the court below” to “a prior conviction in the judgment of the court below” in the summary of the evidence, and thus, it is acceptable in accordance with Article 369

Application of Statutes

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense (unlicensed driving points), the selection of imprisonment for a crime;

1.Article 37 of the Criminal Code to treat concurrent crimes, provided that Article 39 Section 1 has become final and conclusive.