도로교통법위반(무면허운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine not exceeding seven hundred thousand won.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.
2. Examining the record of this case’s ex officio determination, the Defendant, at the Incheon District Court on February 5, 2014, sentenced ten months to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc., and confirmed on May 26, 2014.
As the above crime and the instant crime for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, punishment shall be determined in consideration of equity and equality in cases where judgment is to be rendered at the same time in accordance with Article 39(1) of the Criminal Act, and the judgment of the court below
3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The facts constituting the crime acknowledged by this court are as shown in the corresponding column of the judgment below, except for adding "the defendant was sentenced to ten months of imprisonment with prison labor at the Incheon District Court on February 5, 2014 due to the violation of the Act on the Control of Narcotics, etc., and such judgment was finalized on May 26, 2014" to "the facts constituting the crime committed by this court" in the front of the facts constituting the crime of the judgment below. Thus, it is accepted as it is in accordance with
Summary of Evidence
1. Registers of driver's licenses;
1. The application of statutes in which crimes and investigation records are examined;
1. Relevant legal provisions and Articles 109(1) and 40(1) of the former Road Traffic Act (amended by Act No. 7545 of May 31, 2005), the choice of fines for criminal facts
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Article 191 (1) and the main sentence of Article 186 (1) of the Criminal Procedure Act to bear litigation costs;