도로교통법위반(무면허운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor examined the first head of the facts charged in the instant case at the time of the trial, and the prosecutor applied for changes in indictment with respect to "the defendant was sentenced to six months in imprisonment on December 17, 2013 with respect to the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Non-Exclusive License)" as stated in the first head of the facts charged in the instant case, and the above judgment became final and conclusive on February 26, 2014," and the applicable provisions of the law added "the latter part of Article 37 and Article 39 (1) of the Criminal Act" to "the latter part of Article 39 of the Criminal Act and Article 39 (1) of the same Act
3. In conclusion, the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant on the grounds of ex officio reversal, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts constituting a crime and the evidence admitted by this court is as follows: "The defendant was sentenced to six months of imprisonment with labor for a violation of the Road Traffic Act (driving on December 17, 2013) and a violation of the Road Traffic Act (Driving without a license) in the first head of the crime column of the judgment of the court below, and the above judgment became final and conclusive on February 26, 2014" is the same as the corresponding column, except for adding "1. A copy of the judgment: a copy of the judgment of the court of first instance" to the last part of the evidence column, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
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. Handling concurrent crimes: The latter part of Articles 37 and 39 (1) of the Criminal Act (the first head of the criminal facts which become final and conclusive in the judgment and the previous crime of violation of the Road Traffic Act and the Road Traffic Act);
1. The Criminal Act for the detention of a workhouse;