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

A. The lower court convicted all of the facts charged of the instant case [the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the main sentence), the violation of the Road Traffic Act (unnecessary Measures after Accidents), and the violation of the Road Traffic Act (unlicensed Driving)] and sentenced to one year.

B. The Defendant appealed on the ground that the judgment before remanded the case was unfair for sentencing.

The judgment of the court prior to the remand is not sufficient to prove that the Defendant knew of the fact that the driver’s license was revoked at the time of driving as stated in this part of the facts charged (hereinafter “driving of this case”), with respect to the violation of the Road Traffic Act (unlicensed Driving) among the facts charged in the instant case, and the judgment of the court below is reversed and acquitted as to the violation of the Road Traffic Act (unlicensed Driving) among the facts charged in the instant case, and sentenced the Defendant to eight months by recognizing the remainder of the facts charged.

(c)

The judgment of the Supreme Court was made by the defendant on the guilty portion on the ground of the violation of the rules of evidence, and the prosecutor appealed the acquittal portion on the ground of the misapprehension of the legal principle and the violation of the rules of evidence.

The Supreme Court does not accept the Defendant’s appeal on the guilty portion. The Defendant’s appeal against the acquittal portion is accepted by the prosecutor, and the judgment of innocence as to the violation of the Road Traffic Act (unlicensed Driving) in the judgment of the court prior to the remanding of the case is erroneous in the misapprehension of legal principles as to the notification and validity of revocation of driver’s license, and the intention of driving without a license,

The decision was determined.

With respect to the scope of reversal, the entire judgment of the court prior to remand was reversed on the ground that the verdict of innocence and the conviction part prior to remand are related to the former part of Article 37 of the Criminal Act, and one sentence should be sentenced.

2. The sentence of the lower court (one year of imprisonment) shall be too unreasonable as to the gist of the grounds for appeal.

3. The judgment defendant is a traffic-related crime.