도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for four months.
1. The sentence imposed by the lower court (four months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, according to the statement made by the Defendant at the court of first instance on September 6, 2017, the Defendant was sentenced to a two-month suspended sentence of imprisonment on September 14, 2017 due to a violation of the Road Traffic Act (driving) in the Busan District Court’s Dong Branch Branch, etc., and the judgment became final and conclusive on September 14, 2017. As above, the crime of violation of the Road Traffic Act (driving) and the crime of this case are concurrent crimes with the latter part of Article 37 of the Criminal Act, and the punishment for the crime of this case is determined at the same time in consideration of equity and the case where the judgment is held at the same time pursuant to Article 39(1) of the Criminal Act. In this regard, the lower judgment cannot be maintained further
3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is the first head of the judgment of the court below, and the judgment of September 14, 2017 became final and conclusive on September 14, 2017, when the defendant was sentenced to two years of suspension of execution of imprisonment for a period of eight months due to a violation of road traffic law in the Busan District Court's Dong Branch Branch of the Busan District Court on September 6, 2017.
“A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for adding “a prior conviction in the judgment of the court below” in the space where the evidence is used. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;
1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes: Provided, That the reason for sentencing in the first sentence of Article 39(1) is that the defendant led to the confession of the crime, and his mistake is repented.