The number of crimes in the case of operating without a license in the state of host;

The fact that a driver without a license is driving or driving a vehicle in the state of driving without a license is merely the inner condition of the driver of the vehicle and only one act of driving a vehicle exists. Therefore, the crime of non-licenseing and driving with a driving without a license is not in the relation of concurrent crimes, but in the relation of ordinary concurrent crimes that constitute several crimes at the same time.

Article 40 of the Criminal Act

Defendant

Defendant and Prosecutor

Busan District Court (84 highest 51, 84 highest 453(Consolidated))

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The sixty days of detention days prior to the pronouncement of the judgment below shall be included in the above sentence.

The defendant's grounds for appeal are not only divided in depth after the crime was committed, but also the fact that the family type has taken into account the various circumstances of this case, the sentence of the court below is too unreasonable. The summary of the prosecutor's appeal grounds is that the defendant, who was a thief and twice a thief, did not divided the punishment and, rather, the defendant committed a second offense within the final period after the execution of the punishment was completed. In light of the overall circumstances, the sentence of the court below is too unreasonable and its sentencing is unreasonable. However, prior to the judgment on each of the above grounds for unfair sentencing, the court below ex officio considered the crime of unlicensed driving and the crime of de facto driving as a separate act. Thus, the court below erred in the misapprehension of legal principles as to the relation of the two concurrent crimes in the above case without obtaining a license, and thus, it is not sufficient that the two concurrent crimes were committed in the relation of the two concurrent crimes without obtaining a license, and it is not sufficient that the two concurrent crimes were committed in the relation of the two concurrent crimes without obtaining a license.

The criminal facts and evidence acknowledged as a member of the party are the owners of (number omitted) No. 125cc. and the defendant was sentenced to imprisonment with prison labor for larceny at the Busan District Court on June 9, 1982, and the execution of the above sentence has been completed on April 7, 1983, and until July 4, 1983, "No. 03:15 on July 4, 1983," "The defendant was sentenced to imprisonment with prison labor for larceny at the Busan District Court on June 9, 1982, and the above sentence has been completed on April 16, 1983, and the defendant was sentenced to imprisonment with prison labor at the Busan District Court on April 7, 1983, and the execution of the above sentence has been completed at the Busan District Court on April 125cc., 196, and the defendant's share of 130cc. occ. and occ., the motor vehicle owner at the Busan District Court without the driver's license.

Article 77 subparag. 4, Article 38, and Article 55 of the Road Traffic Act; Article 75 subparag. 2 of the Road Traffic Act; Article 74 of the same Act as to the destruction and damage of property by occupational negligence under Articles 75 subparag. 2 and 39(1) of the same Act; Article 74 of the same Act as to larceny; Article 329 of the Criminal Act as to the crime of unlicensed driving; and Article 1 of the Act as to the crime of primary driving; Article 40 and Article 50 of the Criminal Act as to the crime of unlicensed driving; Article 50 of the same Act as to the crime of unlicensed driving; Article 75 subparag. 2 of the same Act as to the crime of larceny; Article 35(2) of the same Act as to the crime of larceny; Article 50 of the same Act provides that punishment shall be imposed for the crimes of unauthorized primary driving; Article 75(2) of the same Act provides that punishment shall be imposed within the same period of punishment; Article 75(2) of the same Act as to the defendant.

It is so decided as per Disposition.

Judges Ansan-gu (Presiding Judge)