도로교통법위반(무면허운전)
The judgment of the court below is reversed.
The punishment of the accused shall be four months by imprisonment.
1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal.
According to the records, on October 20, 2016, the Defendant was sentenced to imprisonment with prison labor for not less than ten months for assault, etc. in this court, and the judgment was finalized on January 21, 2017.
The crime of the judgment of the court below against the defendant and the assault crime against which the judgment of the court below became final and conclusive are concurrent crimes of the latter part of Article 37.
This court is obliged to reverse the judgment of the court below on the ground that the punishment is to be determined in consideration of equity in the case where the judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act.
3. The judgment of the court below is reversed ex officio as seen earlier.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment is again ruled as follows after pleading.
Criminal facts
The summary of the criminal facts and evidence against the defendant recognized by this court is as follows: (a) except for adding “the defendant was sentenced to ten months of imprisonment with prison labor for assault, etc. in this court on October 20, 2016, and the judgment became final and conclusive on January 21, 2017,” the summary of the criminal facts and evidence in the first head of the judgment of the court below is identical to each corresponding column of the court below; and (b) thus, it is acceptable in accordance with Article 369 of the
Application of Statutes
1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The latter part of Article 37 of the Criminal Act: (a) the reason for sentencing Article 39(1) is not only the period of repeated crime, but also the Defendant committed the instant crime again two days after driving without a license on July 9, 2016.
In addition, the sentence on the crime of assault, etc. of which judgment has become final and conclusive was comprehensively considered.