도로교통법위반(무면허운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The decision of the court below on the gist of the reasons for appeal (eight months of imprisonment) is too unreasonable.
2. According to the records of ex officio determination, the Defendant was sentenced to imprisonment with prison labor for six months at the Gwangju District Court on December 8, 2015 due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., and the judgment became final and conclusive on July 15, 2016. As such, each of the crimes in the judgment of the lower court against the Defendant and the above crimes for which the judgment became final and conclusive on July 15, 2016 are concurrent crimes with the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for each crime in consideration of equity with the case where the judgment is to be rendered at the same time under the main sentence of
3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above unfair sentencing argument by the defendant, and the judgment below is reversed, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court are as follows: “The Defendant was sentenced to six months of imprisonment by the Gwangju District Court on December 8, 2015 due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc. and the said judgment became final and conclusive on July 15, 2016” in the first head of the lower judgment’s criminal facts, and except for adding “1......... (Supreme Court Decision 2016Do1845 Decided July 15, 2016)” to the summary of the evidence, it is identical to each corresponding column of the lower judgment, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act concerning the facts constituting an offense, Article 151 of the Road Traffic Act, Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148, and Article 54(1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Code of Trade and Trade.