도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentence of the court below (two years of suspended execution for four months of imprisonment, and forty hours of order to attend school) is too unreasonable.
2. According to the records of ex officio determination, the defendant can be found to have been sentenced to four months of imprisonment by the Incheon District Court on January 28, 2015 for the crime of violation of the Road Traffic Act (unlicensed Driving), etc., and the judgment became final and conclusive on March 9, 2015. The crime of violation of the Road Traffic Act (Unlicensed Driving) and the crime of violation of the Road Traffic Act (Unlicensed Driving) which became final and conclusive on March 9, 2015, etc. of the judgment of the court below, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to a punishment for the crime of violation of the Road Traffic Act (Unlicensed Driving) in consideration of equity in the case where the judgment is concurrently rendered under the former part of Article 39(1) of the Criminal
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again decided as follows
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as follows: "The defendant was sentenced to four months of imprisonment with prison labor at the Incheon District Court on January 28, 2015 for the crime of violation of the Road Traffic Act (unlicensed Driving) at the Incheon District Court on March 9, 2015, and the above judgment became final and conclusive on March 9, 2015" in the first head of the judgment of the court below; and except for addition of "1........................, criminal records, case agreement assistance meetings, and copies of each judgment" at the last part of the evidence
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 Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Article 62(1) of the Criminal Act: