도로교통법위반(무면허운전)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
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 (five million won in penalty) is too unhued and unreasonable.
2. According to the records of this case’s decision ex officio, the Defendant was sentenced to two years of suspension of the execution on April 13, 2017 by imprisonment with prison labor for the crime of violating road traffic law (drinking driving) in the 2016 Gwangju District Court’s Mancheon Branch on June 29, 2016, and the above judgment became final and conclusive on April 13, 2017. The Defendant’s concurrent crimes with each of the above crimes and the above violation of road traffic law (dacting driving) which became final and conclusive on April 13, 2017 are determined by considering equity with the case where a concurrent judgment is to be rendered pursuant to the first sentence of Article 37 of the Criminal Act. Thus, the lower court’s decision
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts constituting a crime recognized by this court and the summary of the evidence thereof are as stated in each corresponding column of the lower judgment, except for adding “the Defendant was sentenced to two years of suspension of execution on June 29, 2016 due to a violation of road traffic law (drinking driving) in the first head of the first criminal offense on June 29, 2016,” as stated in each corresponding column of the lower court’s judgment, and thus, it is acceptable as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 152 subparagraph 1 of the relevant Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 (Unlicensed Driving), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (the point of non-insurance 250cc, non-insurance 250cc, the point of driving), and the selection of fines for each crime;
1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.