도로교통법위반(무면허운전)등
All of the original judgment of the first and second original judgment of the defendant shall be reversed.
The defendant shall be sentenced to six months of imprisonment.
1. The decision of the court below against the defendant (No. 1: imprisonment with prison labor for April and 2: imprisonment with prison labor for April) is too unreasonable.
2. In accordance with the decision of consolidated proceedings of the Supreme Court, the defendant filed an appeal against the defendant among the judgment of the court of first instance and the judgment of the court of second instance, and then filed an application for joint proceedings of territorial jurisdiction, and this court tried by combining each of the above appeals cases. The crimes of the judgment of the court of first instance and the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and each of the crimes in the judgment of the court of second instance are concurrent crimes under the former part of Article 38(1) of the Criminal Act, and should be punished only within the scope of the term of punishment aggravated for concurrent crimes
3. As such, the part of the judgment of the court of first instance and the judgment of the court of second instance concerning the defendant is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part concerning the defendant among the judgment of the court of first instance and the judgment of the court of second instance are all reversed, and the following is again decided
【The reasoning of the judgment of the court of first instance and the judgment of the court of second instance which used again against the defendant】 The criminal facts and the summary of evidence against the defendant recognized by the court of first instance are the same as the entries of each corresponding column of the judgment of the court of first instance. Thus, they shall be cited as it is in accordance with
Application of Statutes
1. Article 152 Subparag. 1 of the Act on the Punishment of Violences, etc., Articles 152 Subparag. 1 and 43 of the Road Traffic Act (Operation without License, Selection of Imprisonment), Article 2(2)3 of the Punishment of Violences, etc. Act, Article 350 of the Criminal Act, Articles 6 and 2(2)3 of the Punishment of Violences, etc. Act, the choice of punishment for a crime;