도로교통법위반(무면허운전)
The judgment of the court below is reversed.
The defendant shall be exempted from punishment.
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’s ex officio, the public prosecutor examined the first head of the instant facts charged at the trial, and the public prosecutor applied for changes in the indictment to add “Article 37 and Article 39(1) of the Criminal Act” to the applicable provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., on December 2, 2013, the Defendant was sentenced to four years of imprisonment with prison labor on the charge of violating the Act on the Aggravated Punishment, etc., of Specific Crimes (Forgery in currency) at the Changwon District Court on June 26, 2014,” and the judgment of the court below was no longer maintained as it was changed by granting permission
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 charged and the evidence admitted by this court is as follows: "The defendant was sentenced to four years of imprisonment by the Changwon District Court on December 2, 2013 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Forgery of Currency), etc., and the above judgment was finalized on June 26, 2014." The summary of the evidence is as stated in the corresponding column, except for addition of "1. previous records: the copy of each written judgment" in the last column of the evidence, 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. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The latter part of Article 39(1) of the Criminal Act exempted from punishment [this case's unlicensed driving is related to concurrent crimes under the latter part of Article 37 of the Criminal Act with the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter