도로교통법위반(무면허운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,500,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (an amount of KRW 3,000,000) is too unreasonable.
2. According to ex officio records, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Narcotics Control Act at the Daejeon District Court on February 26, 2015, and the above judgment became final and conclusive on July 23, 2015, and the Defendant was guilty of the instant crime committed before the above judgment becomes final and conclusive.
As above, in the crime for which judgment became final and the instant crime are concurrent crimes after Article 37 of the Criminal Act, a punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act.
Therefore, the judgment of the court below cannot be maintained as it is.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided as follows.
Criminal facts
The facts constituting an offense acknowledged by this Court are as follows: (a) except for the addition of “the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Narcotics Control Act at the Daejeon District Court on February 26, 2015, and the said judgment became final and conclusive on July 23, 2015,” to the first head of the criminal history room, as stated in the corresponding column of the lower judgment.
In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.
Summary of Evidence
The gist of the evidence recognized by this court is as follows, with the exception of adding "1. Before the ruling: the output of the case (Seoul District Court No. 2015 High Court No. 54, High Court No. 2015, High Court No. 54, High Court No. 2015, High Court No. 831, High Court No. 2015, High Court No. 831, Supreme Court No. 2015, Supreme Court No. 2015Do792)" to the column of the evidence.
In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.
Application of Statutes
1. Article 152 of the Road Traffic Act concerning the facts constituting an offense as well as Article 152 of the same Act;