도로교통법위반(무면허운전)
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for six months.
1. Summary of grounds for appeal;
A. The punishment of Defendant 1’s original decision (6 months of imprisonment) is too unreasonable.
(b) The sentence of the 2nd judgment of the Prosecutor (6 months of imprisonment and 2 years of suspended sentence) is too unhued and unfair;
2. Ex officio determination
A. According to the records of the instant case where there exist concurrent causes after Article 37 of the Criminal Act, the Defendant was sentenced to a suspended sentence of two years on September 23, 2016 for a violation of the Road Traffic Act (unlicensed Driving) at the credit support by Suwon Friwon, which was sentenced to a suspended sentence of two years. The said judgment becomes final and conclusive on October 1, 2016.
Therefore, the crime of the above judgment and the crime of the second instance judgment, which became final and conclusive, shall be sentenced to punishment for the crime of the second instance judgment in consideration of equity with the case where the judgment is to be judged at the same time in accordance with the first sentence of Article 39 (1) of the Criminal Act, since the crime of the second instance judgment cannot be maintained as it is, Article 2 of the Criminal Act is a concurrent crime after Article 37 of the Criminal Act.
B. The first and second judgments of the court below against the defendant in the concurrent trial were pronounced, and the defendant filed an appeal against the second judgment against the court below, and the court decided to hold concurrent hearings against the above two appeals cases. The first and second judgments against the defendant are related to concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act.
Therefore, in this respect, the judgment of the court below Nos. 1 and 2 cannot be maintained as it is.
3. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed, and the judgment of the court below is reversed in entirety pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is the summary of the facts constituting an offense and evidence, and the summary of the facts constituting an offense in the first instance judgment is the same as “the facts constituting an offense.”