The judgment below

The part concerning the accused case shall be reversed.

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

except that this judgment.

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (ten months of imprisonment) is too unreasonable.

B. The sentence of the lower court against the Defendant by the Prosecutor (one hundred months of imprisonment) is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the court below found the defendant guilty only by the confession of the defendant, without any supporting evidence, on the facts constituting the crime in violation of the Road Traffic Act (unlicensed driving) by the defendant.

Therefore, there is an error of law affecting the conclusion of the judgment in violation of the law, and the court below held that the crime of violation of the Road Traffic Act (driving at a level) and the crime of violation of the Road Traffic Act (driving at a level) are in a mutually competitive relationship, and since the punishment is more severe, the crime of violation of the Road Traffic Act (driving at a level) and the other violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving at a level) are concurrent crimes

3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the argument of unfair sentencing by the defendant and the prosecutor, and the part of the judgment below concerning the prosecuted case is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of facts and evidence recognized by this court is identical to each corresponding column of the judgment of the court below, except where the "1. Driver's License Register" is added to the summary of evidence of the judgment of the court below. Thus, it is citing it in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the point of free license driving) concerning the crime.