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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal is that the facts charged in this case and the offenses of violation of the Road Traffic Act (unlicensed driving) which became final and conclusive prior thereto are in a substantive concurrent relationship, on the premise that both crimes are in a mutually competitive relationship, and the social facts, which form the basis of the facts charged, are basically identical, and the judgment of the court below that acquitted the facts charged in this case, is erroneous
2. The purpose of the Road Traffic Act is to ensure safe and smooth traffic by preventing and removing all dangers and obstacles to the traffic on the road. On the other hand, the purpose of the Automobile Accident Compensation Guarantee Act is to establish a system guaranteeing compensation for damages in the event of the death or injury of a person caused by the operation of a motor vehicle, thereby protecting the victims and promoting the sound development of the transportation of motor vehicles. The crime of violation of the Road Traffic Act is subject to regulation of the driver's negligence or the dangerous condition of the driver. On the other hand, the Automobile Accident Compensation Guarantee Act regulates the state of non-insurance of the motor vehicle while driving a wide range of concept rather than driving, and it differs from the target of regulation, scope, and form of action. In light of the fact that the crime of violation of the Road Traffic Act (unlicensed Driving) and the crime of violation of the Automobile Accident Compensation Act and the Act on the Guarantee of Automobile Accident Compensation and the protection of legal interests and interests, etc
As such, the judgment of the court below which acquitted the facts charged in this case on the premise of different legal principles is erroneous in the misunderstanding of legal principles, which affected the conclusion of the judgment.
3. Conclusion, prosecutor.