도로교통법위반(무면허운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The sentence of the court below (7 million won of fine) is too unhued and unreasonable in light of the circumstance of the instant accident and the fact that the Defendant was punished for the same kind of crime, etc.
2. Ex officio determination of the facts charged of this case is a crime falling under Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, and its statutory penalty is stipulated as imprisonment with prison labor for not more than one year or a fine not exceeding three million won. The court below erred in ordering a fine exceeding seven million won in excess of the above statutory penalty after selecting the defendant as a fine. Thus, the judgment of the court below cannot be maintained.
3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without a need to decide on the prosecutor's allegation of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of fines and the selection of fines for the crime;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include 4 times of a fine for the same kind of crime such as unlicensed driving, etc., and one time of a suspended sentence of imprisonment. On July 5, 201, the Daegu District Court sentenced the instant crime to 4 months of a suspended sentence on the grounds of the crime of violation of the Road Traffic Act (unlicensed driving) at the Daegu District Court, which committed the instant crime during the suspended sentence period. The Defendant committed the instant crime during the suspended sentence period, and the distance of the Defendant driven without the license is not shorter than 1.1km.
On the other hand, while the defendant was working at a port where he was living together with C, he saw C as a save, while getting a nutrition from a port where he was living together with C.