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(영문) 창원지방법원 2015.03.26 2015노307
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the Changwon District Court on July 22, 2014, sentenced two years of suspension of execution to six months for a crime of violation of the Road Traffic Act (unlicensed Driving) and the judgment became final and conclusive on January 16, 2015. In determining punishment for the instant crime committed on August 5, 2014, prior to the final and conclusive judgment, taking into account that the instant crime committed on August 5, 2014 constituted concurrent crimes under the latter part of Article 37 of the Criminal Act, the lower court, which sentenced an excessive sentence without considering the circumstances where the judgment is deemed to be concurrent with the final and conclusive crime, did not consider the case where the judgment becomes final and conclusive, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (four months of imprisonment) is too unreasonable.

2. Determination

A. In light of the legal principles, the court below's explanation on criminal facts in the column of application of the above final judgment is evident in the record that the court below explained the latter part of Article 37 and Article 39 (1) of the Criminal Act as "competing treatment" in the column of application of the law. Even though it did not mention the facts concerning the above concurrent crimes on the grounds of sentencing, in determining the punishment for the crime of this case at the same time taking into account the concurrent crimes as provided in the latter part of Article 37 of the Criminal Act and the equality in the determination of the punishment for the crime of this case, it shall be deemed that there was an error of law by misunderstanding the legal principles of the latter part of Article 37 and Article 39

This part of the defendant's assertion is without merit.

B. As to the unfair sentencing, the defendant's mistake in the course of committing the crime of this case and the circumstances leading to the crime of this case and the defendant's assumptive circumstances are acknowledged, the defendant is sentenced to the suspension of the execution of imprisonment for six months in the first instance court at the time of the crime of this case, even though he is recognized that there are three times of violation of the Road Traffic Act (driving) and those of the same kind of crime in the second instance. In addition, the defendant was sentenced to the suspension of the execution for six months in the second instance.

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