도로교통법위반(무면허운전)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 6 million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (a fine of three million won) by the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, this Court decided to consolidate the appeal cases against the judgment below, and the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence should be imposed within the term of punishment, for each of the concurrent crimes under Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal of unfair sentencing, and the judgment of the court below is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 2 of Article 154, Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Guarantee of Automobile Damage Exemplarys Act (a point of operating a vehicle which has not mandatory insurance);
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act (free license) as of October 20, 2015, and a punishment imposed on a violation of the Road Traffic Act as of October 20, 2015, with heavier punishment);
1. Selection of each alternative fine for punishment;
1. Of concurrent crimes, the number of concurrent crimes resulting from the crimes stipulated in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act, which are the largest penalty, shall be the penalty for the violation of the Guarantee of Automobile Accident Compensation Act: Provided, That the lowest penalty