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 (fine 3,000,000) is too unreasonable.
2. Before determining the grounds for appeal by the Defendant, the record reveals that the Defendant was sentenced to five months of imprisonment on March 29, 2013 by committing a violation of the Punishment of Violences, etc. Act (joint attack) at the Incheon District Court on March 29, 2013, and the above judgment became final and conclusive on May 7, 2013. As above, the crime for which judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act and the crime of this case are in the concurrent crimes under Article 39(1) of the Criminal Act, taking into account the case at the same time and equity, and after examining whether to reduce or exempt the sentence, the lower judgment is no longer maintained in this regard.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is that the first head of the facts charged "the defendant is a person who was sentenced to six months of imprisonment by the Incheon District Court on January 9, 2012 due to the violation of the Punishment of Violences, etc. Act (joint conflict) and is pending in the trial at the same court." "The defendant is a person who was sentenced to five months of imprisonment by the Incheon District Court on March 29, 2013 due to the violation of the Punishment of Violences, etc. Act (joint conflict) at the Incheon District Court on May 7, 2013, and the above judgment becomes final and conclusive on May 7, 2013." It is the same as the corresponding column of the judgment of the court below, except for the addition of "1. Investigation results ( final and conclusive judgment)" to the summary of evidence as stated in the corresponding column of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;