교통사고처리특례법위반(치상)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
Of the facts charged in the instant case, November 21, 2017
1. The summary of the grounds for appeal (unfair sentencing) of each sentence (two years of imprisonment and four months of imprisonment) imposed by the lower court is too unreasonable.
2. Each appeal case against the judgment of the court below was joined in the judgment of the court below at its discretion. Since each offense of the judgment of the court below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, each offense of the judgment of the court below should be sentenced to one punishment pursuant to Article 38(1)2 of the Criminal Act. The judgment of the court below was no longer maintained.
3. 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 of sentencing, and the judgment of the court below is reversed in entirety, and the following is again decided after pleading.
[Reasons for the judgment to be used again] The summary of facts constituting an offense and evidence recognized by this court is as follows. Except for the alteration to “the Defendant driven each of the leased C Abhum-p vehicles as described in the above 1-B from November 14, 2017 to November 20, 2017 without a driver’s license,” the part concerning Articles 2 through 4 is identical to each corresponding column of the judgment of the court below. Thus, it is accepted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 3(1) and the proviso to Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Punishment, Article 268 of the Criminal Act (the occupational and de facto occupation, the choice of imprisonment without prison labor), Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the occupation of unlicensed driving, the choice of imprisonment), Article 360(1) of the Criminal Act (the occupation of embezzlement of deserted articles), Article 352 of the Criminal Act, Article 352 of the Criminal Act, Article 347(1) of the Criminal Act (the occupation of attempted fraud, the choice of imprisonment), Article 329 of the Criminal Act, Article 331-2 of the Criminal Act (the occupation of illegal use, the occupation of imprisonment with prison labor), Article 230 of the Criminal Act (the occupation of unlawful use), and Article 230 of the Criminal Act (the selection of imprisonment with prison labor), respectively;
1. Article 35 of the Criminal Act for aggravated repeated crimes (the crime of embezzlement, respectively.)