(a) The number of crimes in which a driver causes a person by negligence in the course of his duty to injure a person and at the same time damages property and absconds without any rescue measures;

(b) The number of crimes committed when a person without a driver's license drives a motor vehicle;

A. In a case where a vehicle driver injured a person by negligence in the course of his/her duty and at the same time destroyed property and escaped without relief measures, two separate acts exist, and thus, the crime of violation of the Road Traffic Act of damage to property and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is a relation of substantive concurrent crimes.

B. The fact that a vehicle driver has no driver's license when he drives a vehicle in a state of driving without a driver's license and that there is only one driver's act of driving the vehicle, which is merely the nature of the vehicle driver, and thus, the crime of non-licensed driving and the crime of drunk driving are in a relationship of standing competition.

Articles 37, 40, and 268 of the Criminal Act; Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Articles 68, 108, and 109 of the Road Traffic Act

Defendant

Defendant

Seoul District Court (85 High Court Decision 847) Southern Branch Court of the first instance

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

The gist of the defendant's appeal is that the sentence imposed by the court below is too unreasonable. However, the court below's judgment ex officio examined the facts of appeal prior to the judgment on the grounds of appeal. The defendant's act of operating the vehicle in this case without a driver's license, leading the victim non-indicted 1 while driving the vehicle in this state without a driver's license, damages the victim's losses at the same time, and then damages the bicycle wheels of the victim non-indicted 2 who boarded the bicycle later, and the defendant escaped without any rescue measures without delay. The defendant's act of operating the vehicle in this case constitutes concurrent relation with the crime of causing death by occupational negligence (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and damages to property constitutes concurrent relation between the defendant and the crime of causing death by occupational negligence (the act of causing death by occupational negligence) and the crime of causing death by occupational negligence and the crime of causing damage to the driver's license of this case. Thus, the court below's act of causing confusion between the defendant and the crime of causing death and injury to the driver's.

Therefore, the judgment of the court below is reversed after pleading pursuant to Article 364(2) and (6) of the Criminal Procedure Act, and the members of the party are again decided as follows.

The criminal facts of the defendant and the summary of the evidence recognized as a party member are the same as that of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Article 109 subparagraph 1, Article 40 and Article 68 of the Road Traffic Act, Article 109 subparagraph 2 and Article 41 (1) of the same Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 50 (1) of the Road Traffic Act, and Article 50 (1) of the Road Traffic Act are applicable to each victim's injury or injury caused by occupational negligence. Since each occupational negligence and damage falls under Article 108 of the Road Traffic Act, Article 108 of the Road Traffic Act provides that one act constitutes several crimes, Article 40 and Article 50 of the Road Traffic Act shall be punished for the punishment of the victims of the crime without a license, Article 50 of the same Act, and Article 51 of the same Act provides that a punishment of imprisonment without prison labor shall be imposed within the maximum term of punishment provided for the most severe punishment, Article 37 (1) of the same Act shall be applied to each of the above crimes.

It is so decided as per Disposition for the above reasons.

Judges Jung-dae (Presiding Judge)