도로교통법위반(무면허운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
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 (3 million won in penalty) is too unfilled.
2. Examination ex officio prior to the judgment on the grounds for appeal.
According to the records, the defendant was sentenced to a suspended sentence of two years on September 3, 2016 for the crime of violation of the Road Traffic Act (unlicensed driving) in the Sungnam branch support on January 22, 2016 and the judgment became final and conclusive on September 3, 2016 can be recognized. As such, the crime of violation of the Road Traffic Act (unlicensed driving) and the crime of this case in concurrent crimes after Article 37 of the Criminal Act are determined by the sentence after considering the case of concurrent crimes under Article 39(1) of the Criminal Act and the equality in the case of concurrent crimes after Article 39(1) of the Criminal Act and the mitigation or exemption of the sentence. In this regard, the judgment of the court below cannot be reversed.
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 of the court below is reversed, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts of the crime and the evidence acknowledged by this court is as follows: “The Defendant” in the first head of the lower judgment’s criminal facts and the summary of the evidence is as follows: “The Defendant was sentenced to a stay of two years on August 22, 2016 to imprisonment with prison labor for a crime of violation of road traffic law (licenseless Driving) in the Sungnam branch of Suwon branch of Suwon branch of Suwon branch of Suwon branch of Suwon branch of Suwon branch of Suwon branch of the lower judgment; and the judgment was finalized on September 3, 2016; and “1. A previous offense: (a)” is added in the summary of the evidence in addition to “one copy of the lower judgment: (b) one copy of the search of the case; (c) one copy of the case; (d) the search screen; and (d) the text of the judgment (d)” is as stated in each corresponding column of the lower judgment; and
Application of Statutes
1. Relevant Article of the Act and subparagraph 1 of Article 152 of the Road Traffic Act (Selection of a punishment penalty) concerning the facts constituting an offense;
1. After Article 37 of the Criminal Code, Article 39 Section 1 of the Criminal Code shall apply to concurrent crimes.