도로교통법위반(무면허운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one 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 is too unreasonable.
2. Before examining the reasoning for an ex officio appeal, the record reveals that the Defendant was sentenced to imprisonment on July 23, 2019 by the Cheongju District Court for a violation of road traffic laws (unnecessary measures after an accident), etc., and the judgment became final and conclusive on January 20, 2020.
Since the crime that the court below decided against the defendant and the crime for which the above judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment shall be determined after considering equity and equality in the case of concurrent crimes pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt the punishment, the judgment of the court below cannot be maintained.
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence related thereto are as follows: “The defendant was sentenced on July 23, 2019 to imprisonment with prison labor and six months for a violation of road traffic laws (unnecessary measures after an accident) at the Cheongju District Court on July 2019, and the judgment became final and conclusive on January 20, 2020.
In addition, “1. Cheongju District Court Order 1723, 2018 High Order 1723, 2018 High Order 2574-1 (Consolidation, Separation), Cheongju District Court Order 2019No1225, 2019, Supreme Court Order 2019Do17406, and the details of the inquiry in this case are the same as the corresponding column of the judgment of the court below, and thus, they shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 152 Subparag. 1 of the Road Traffic Act and Articles 152 and 43 of the same Act concerning the facts constituting a crime after Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39(1) of the same Act shall apply;
1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.