도로교통법위반(무면허운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. Although a defendant who is not obligated to submit a written reason for appeal filed an appeal against the lower judgment on November 16, 2017, he/she did not submit a written reason for appeal within the submission period for a legitimate reason for appeal even after being notified of legitimate records of trial by this court on November 28, 2017, and the petition of appeal does not contain a reason for objection.
However, the following reasons are found in the records, so this is examined.
2. "A crime for which judgment to face with imprisonment without prison labor or a heavier punishment has become final and a crime committed before such judgment has become final and conclusive" in an ex officio judgment falls under concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, with respect to a crime for which judgment has not been rendered among concurrent crimes under Article 39 (1) of the Criminal Act, punishment shall be imposed at the same time in consideration of equity with where the relevant crime and the crime for which judgment has not become final and conclusive, and even where there are multiple crimes for which judgment to face with imprisonment without prison labor or a heavier punishment has become final and conclusive, all of the crimes for which judgment
Therefore, in this case, a sentence shall be imposed on both crimes for which judgment has not been rendered under Article 39(1) of the Criminal Act at the same time, taking into consideration equity and equity (see Supreme Court Decision 2008Do209, Oct. 23, 2008). According to the records of this case, the Defendant was sentenced to imprisonment with prison labor for not less than one year and six months at the Seoul Eastern District Court on October 19, 2015, with two years of suspension of execution on October 27, 2015, on which the said judgment became final and conclusive on October 27, 2015, on which the Seoul East Eastern District Court sentenced to imprisonment with prison labor for not more than 136,653 (Joint and Separate), 166 (Joint and Separate), 2295 (Joint) (Joint) and 2016-16 (Joint and Separate Punishment of Labor with the Seoul High Court on March 22, 2017).