도로교통법위반(무면허운전)등
We reverse the judgment of the court below.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for 4 months and 2 months: imprisonment with prison labor for 6 months) is too unreasonable.
2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
The defendant filed an appeal against the judgment of the court below, and this court tried two appeals jointly, and the judgment of the court below against the defendant should be sentenced to one punishment in accordance with Article 38 (1) 2 of the Criminal Act in relation to each crime of concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.
3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above reasons for reversal of authority exist, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Subparagraph 1 of Article 152, Article 43, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under a license without license) of each relevant Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Discretionary Mitigation Act (hereinafter referred to as the following sentencing grounds) is that the defendant led to confession and reflects the instant crime, and that he/she would not repeat the crime is favorable to the defendant.
On the other hand, the following circumstances are disadvantageous circumstances.
The Defendant was punished several times, including a suspended sentence of imprisonment, due to drinking or unlicensed driving.
The suspension period of execution for the same crime is not the only one.