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The judgment below
Part of acquittal shall be reversed.
Defendant shall be punished by a fine not exceeding one million won.
The above fine shall be imposed on the defendant.
Reasons
1. Of the instant facts charged, the lower court found the Defendant guilty of the violation of the Road Traffic Act (Refusal of measurement), and sentenced the Defendant to six months of imprisonment, and sentenced the Defendant to six months of imprisonment, on the grounds of unfair sentencing as to the conviction portion, the Defendant appealed from the acquittal portion on the grounds of misapprehending the legal principles, and on the conviction portion on the grounds of unfair sentencing. The Defendant appealed from the conviction portion on the grounds that the Defendant’s appeal against the conviction portion is reasonable, and the prosecutor’s appeal against the acquittal portion is without merit, and thus, the lower court reversed the conviction portion of the lower judgment and sentenced the Defendant to six months of imprisonment, suspension of execution two years
A prosecutor filed an appeal against the judgment of the court prior to remand only to the portion of innocence, and the judgment of remand reversed the part of the judgment prior to remand, which was not guilty, by citing the prosecutor’s final appeal against the portion of innocence.
Therefore, the defendant and the prosecutor found guilty of the violation of the Road Traffic Act (Refusal to measure the noise level) has become final and conclusive by not filing an appeal against it, and the scope of the trial after the remand is limited to the part of innocence, i.e., the violation of the Road Traffic Act (free license).
2. On February 17, 2009, the Defendant filed a lawsuit seeking revocation of the license after being subjected to the disposition of revocation of the license due to drinking driving, etc. on or around February 17, 2009, and filed a lawsuit seeking suspension of execution against the above disposition of revocation of the license, and the Defendant applied for suspension of execution against the above disposition of revocation of the license. However, on July 13, 2010, the above lawsuit was retroactively invalidated because the Defendant withdrawn the above lawsuit and became final and conclusive on July 20, 2010.
Therefore, it is issued to the defendant on July 19, 2010 on the premise of a valid driver's license.