도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Reviewing the reasoning of the Defendant’s appeal ex officio prior to the judgment on the grounds of ex officio, following the following: (a) the Defendant was sentenced to six months of imprisonment with labor for a crime of violating road traffic law (dacting driving) at the support of the Suwon District Court, the Suwon District Court, on February 2, 2017, and the Defendant’s judgment became final and conclusive on August 25, 2017; and (b) the crime of the above crime and the crime of the lower judgment for which the judgment became final and conclusive are concurrent crimes under Article 39(1) of the Criminal Act and the crime of the lower judgment are determined by taking into account equity with the case where the judgment is rendered simultaneously pursuant to Article 37 of the Criminal Act, and thus, the lower judgment cannot be maintained in this respect.
3. In conclusion, the judgment of the court below is reversed pursuant to 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, and it is again decided as follows through pleading.
【The part of the judgment that was used again] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are as follows. The first head of the facts constituting the crime as indicated in the judgment of the court below: “The defendant was sentenced to six months of imprisonment on February 2, 2017 as a crime of violation of road traffic law (driving on drinking),” and the judgment became final and conclusive on August 25, 2017,” and the summary of the evidence as stated in the judgment of the court below, with the exception of adding “the previous conviction: the defendant’s statement at the trial court, the defendant’s criminal history, and reply to inquiry, such as the defendant’s criminal records, and the defendant’s criminal history, etc., and all of the judgment below are the same as the corresponding column of the judgment of the court below, and they are cited as it is in accordance with Article 3
Application of Statutes
1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, but the reason for sentencing of Article 39(1).