도로교통법위반(무면허운전)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment with prison labor for a year and a fine of three hundred thousand won.
The defendant above.
1. On the contrary, the defendant asserts that the punishment of the court below (the first instance court: imprisonment of 10 months, fines of 300,000 won, and fines of 300,000 won: imprisonment of 6 months) against the summary of the grounds for appeal is too unreasonable, while the prosecutor asserts that the first instance court’s punishment is too uneasible and unfair.
2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, this Court decided to concurrently examine the appeal cases against the lower judgment. Each of the lower judgment against the Defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the lower judgment cannot be maintained.
3. In conclusion, 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, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 154 subparag. 2 of the relevant Act and Articles 154 subparag. 2 and 43 of the Road Traffic Act regarding the crime, Article 37 subparag. 10 of the Resident Registration Act (the illegal use of resident registration number), Article 231 of the Criminal Act (the illegal use of private document, the choice of imprisonment), Articles 234 and 231 of the Criminal Act (the use of private document, the choice of imprisonment), Article 260 (1) of the Criminal Act (the use of private document, the choice of imprisonment), Article 260 (1) of the Criminal Act (the use of crime, the selection of imprisonment), Article 347 (1) of the Criminal Act (the use of fraud, the selection of imprisonment), Article 230 of the Criminal Act (the use of private document, the selection of punishment of imprisonment), Article 230 of the Criminal Act
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;