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 summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 3 million imposed by the court below to the defendant is too unhued.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, according to the records, the defendant was sentenced on November 16, 2012 to 8 months of imprisonment and 2 years of suspended execution at the Ulsan District Court on the grounds of violation of the Road Traffic Act, etc., and the above judgment became final and conclusive on January 31, 2013. The above crime and the crime in the judgment of the court below, for which judgment became final and conclusive, shall be determined by the punishment after considering the case where the judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act and the case in the latter part of Article 37 of the Criminal Act, in relation to concurrent crimes under the latter part of Article 39(1) of the Criminal Act, and the mitigation or exemption of the sentence is
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.
Criminal facts
The summary of the facts constituting a crime and its evidence recognized by this court are as follows. The summary of the facts constituting a crime [criminal records] in the 5th sentence is as follows: "The probation period is the current probation period after being sentenced to two years of imprisonment for the same crime, etc. at the Ulsan District Court on September 6, 2012 and being sentenced to eight months of imprisonment for the same crime, etc. at the Ulsan District Court on November 16, 2012 and two years of suspended execution, etc. at the same district court on January 31, 2013." The above judgment was finalized on January 31, 2013." The summary of the evidence is as stated in the corresponding column of the judgment of the court below, except for the addition of "1. criminal records, case agreement assistance meetings, and each written judgment". Thus, it is cited as it is in accordance with Article 369 of the Criminal
Application of Statutes
1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of fines and the selection of fines for the crime;
1. The Criminal Act dealing with concurrent crimes;