도로교통법위반(무면허운전)
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The punishment of imprisonment with prison labor of six months or more of the original judgment of the court of first instance and that of the second original judgment (one year of imprisonment) shall be unlimited and unfair;
2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
This Court decided to concurrently examine each appeal case against the first and second original judgment. Since each of the offenses of the lower judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act, the lower judgment cannot be maintained any more.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal of unfair sentencing. The judgment below is reversed in its entirety, and it is again decided as follows through pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 152 of the Road Traffic Act and Articles 152 subparagraph 1 and 43 of the same Act concerning the punishment for a crime;
1. From among concurrent crimes, the defendant has a record of being punished several times due to drunk driving and unlicensed driving, and the defendant has been sentenced to imprisonment for six months due to drunk driving and unlicensed driving in 2010, two years of suspended sentence, and two years of suspended sentence in 2013.
Although the Defendant was under a police investigation on April 13, 2018 and under a police investigation, the Defendant continued to drive without a license on September 20, 2018 and March 5, 2019, and continued to drive without a license three times or more for about 11 months.
A favorable defendant is punished by a fine exceeding a fine only for driving without a license, which is not accompanied by a drunk driving.