도로교통법위반등
2. The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and two months.
The prosecutor of the lower judgment on the first instance judgment.
1. The summary of the grounds for appeal that the court below rendered against the defendant is improper as it is too unfasible to the extent that it is too unfasible to the extent that the sentence is too unfasible to the defendant (the sentence of the court below 1: one year of suspended sentence; two years of suspended sentence; fine 200,000 won; and
2. Determination
A. The first and second trials concurrently deliberated on the appeal cases against the judgment of the court below.
However, the crime of the first instance judgment was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (unlicensed Driving), and the judgment was finalized on May 11, 2018, and the crime of the second instance judgment was subsequently committed, and thus, constitutes a concurrent crime under the former part of Article 37 of the Criminal Act. Thus, each of the lower judgment’s criminal facts should be sentenced to a separate sentence.
Therefore, each judgment of the court below shall be judged separately.
B. Each crime of the judgment of the first instance court with respect to the judgment of the first instance court is one of the crimes that led to the escape of the parked vehicle after causing a traffic accident involving the parked vehicle while operating a freight vehicle not covered by mandatory insurance without a driver’s license, and the nature of the crime is not somewhat weak.
The defendant has already been punished seven times (two times of suspended sentence of imprisonment and five times of fine) due to traffic crimes, and each crime of violation of the Road Traffic Act (unlicensed driving) in the judgment of the first instance court, which became final and conclusive, was committed in the first instance judgment.
Damage has not been recovered.
However, the defendants recognize their mistakes and repent.
The degree of damage is relatively minor.
Article 37 of the Criminal Act provides that each crime of this case and the violation of the Road Traffic Act (unlicensed driving) for which judgment has become final and conclusive shall take into account the equity in cases where a judgment is to be pronounced at the same time in the case of concurrent crimes after Article 37 of the Criminal Act.
The above circumstances, including the Defendant’s age, career, sex, environment, family relationship, motive and background of the crime, means and consequence, and all of the sentencing conditions indicated in the instant case, including the following circumstances.