Acquittal of the Defendant

공소사실의 요지 피고인은 2009. 4. 21. 19:37경 영동고속도로 하생선 80.8km 지점에서 자동차 의무보험에 가입되어 있지 않은 B 티뷰론터뷸런스 자동차를 운행한 것을 비롯하여 별지 범죄일람표 기재와 같이 총 44회에 걸쳐 의무보험에 가입되어 있지 않은 위 자동차를 운행하였다.

Judgment

A. In the case of an ordinary competition relationship under Article 40 of the Criminal Code, the res judicata effect of a final and conclusive judgment on one of them shall also extend to other crimes (see, e.g., Supreme Court Decisions 91Do643, Jun. 25, 1991; 91Do2642, Dec. 10, 191). Here, the term "one of the acts" means that an act is evaluated as one of the natural conditions of things, regardless of the legal evaluation.

(See Supreme Court Decision 86Do2731 delivered on February 24, 1987). B.

According to the evidence duly adopted and examined by the court, it is recognized that the defendant was convicted on October 28, 2009 as a crime of violation of the Road Traffic Act (unlicensed Driving without a driver's license) in the original state branch of the Chuncheon District Court on the ground that "the defendant driven the vehicle without a driver's license" was convicted on November 5, 200 of the crime of violation of the Road Traffic Act (No. 144 pages of the Investigation Records). On the other hand, it is reasonable to view that each of the charges of this case, namely, that the defendant operated the vehicle without a mandatory insurance, was based on one act of "driving" and that the Automobile Accident Compensation Guarantee Act, which was prosecuted for the crime of violation of the Road Traffic Act (unlicensed Driving without a driver's license) and the crime of this case, has a relation of commercial concurrence between each of the charges of this case. The res judicata effect of the above final judgment also extends to each of the charges of this case.

Thus, each of the facts charged in this case constitutes a final judgment, and thus, a judgment of acquittal is rendered in accordance with Article 326 subparagraph 1 of the Criminal Procedure Act.