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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. We examine ex officio prior to determining the grounds for appeal by the defendant.
In the case of a crime of violation of the Road Traffic Act due to driving without a license, it is reasonable to deem that one driver has been engaged in every driving day on the basis of the date of driving by social norms except in special cases, such as the case of continuous driving in a series of the same opportunities beginning on a day and ending on the next day, and therefore, the crime of violation of the Road Traffic Act due to
(See Supreme Court Decision 2001Do6281 Decided July 23, 2002, etc.). In light of the aforementioned legal principles, the health class, as to the facts charged in the instant case, the Defendant’s non-exclusive driving from around 19:00 on December 11, 2019 to around 1km without a license, and continued to drive without a license from around 23:10 on the same day to about 1km on the same day, the Defendant’s non-exclusive driving on the part of about 1km from around 23:10 on the same day, and all of the same day, and thus, the Defendant’s non-exclusive driving constitutes only one crime of violation of the Road Traffic Act (non-exclusive driving). The public prosecutor also
Nevertheless, on December 11, 2019, the lower court deemed the crime of violation of the Road Traffic Act (unlicensed Driving) and the crime of violation of the Road Traffic Act (Unlicensed Driving) around 19:00 on December 11, 2019 as a separate crime, and committed concurrent crimes on December 23:10 on December 23:11, 2019, and thereby committed concurrent crimes, and such unlawful acts affected the judgment. In this regard, the lower judgment became no longer able to maintain it.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
[Separate Judgment] Summary of facts constituting an offense and evidence recognized by the court is the corresponding column of the judgment below.