도로교통법위반(무면허운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.
2. On September 26, 2012, according to the records, the defendant was sentenced to imprisonment with prison labor for a violation of the Electronic Financial Transactions Act at the Jeonju District Court on September 26, 2012, and the final judgment became final and conclusive by the Supreme Court on March 14, 2013. Although the crime for which the judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, the court below omitted this judgment. The crime for which the judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of this case are related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and after examining whether to reduce or exempt punishment, the judgment below, which did not take such measures, cannot be maintained any longer.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged by the court and the summary of the evidence are as follows: “The defendant was sentenced on September 26, 2013 to imprisonment on the charge of violating the Electronic Financial Transactions Act at the Jeonju District Court on September 26, 2013 and the judgment became final and conclusive on March 14, 2013,” and “1. Each of the judgments is the same as the corresponding columns of the judgment of the court below in addition to adding “1. Each of the judgments” to “the summary of the evidence.” Thus, this is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty for a crime;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Criminal Procedure Act;