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(영문) 수원지방법원 2017.08.25 2017노4108

도로교통법위반(무면허운전)등

Text

The judgment below

The Court reverses the remainder except each part of the crimes of 2016 order 7584.

Defendant .

Reasons

1. The summary of the grounds for appeal (each of the crimes of "2016 Height 7584" as stated in the judgment of the court below: Imprisonment with prison labor for six months and imprisonment for three years) is too unreasonable.

2. The fact that the Defendant’s judgment on each of the crimes of the 2016 highest order 7584 stated in the judgment below is a favorable circumstance to the Defendant that the Defendant repents and reflects his mistake.

On the other hand, the defendant has been punished several times, including the suspended sentence of imprisonment due to the same traffic crime, and in particular, while driving a license without any license during the suspended sentence due to the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and submitted a signature on the investigation documents in the name of the defendant to avoid the punishment.

In addition, even if all of the sentencing conditions and judgments mentioned in the instant case, such as Defendant’s age, sex, environment, motive for committing an offense, circumstances after committing an offense, etc., are considered concurrently with the offense of violating Road Traffic Act (unlicensed Driving) as stated in the judgment of the court below, the sentence of the court below on each of the crimes of "2016 High Order 7584" as stated in the judgment of the court below is too unreasonable.

Therefore, this part of the defendant's assertion is without merit.

3. As to the remaining crimes in the holding of the court below, the defendant has been punished several times for the crime that caused a traffic accident in addition to drinking and driving without a license, and the crime of violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) and the violation of the Road Traffic Act (a non-licenseless driving), even after being sentenced to a suspended sentence, causes a traffic accident involving three victims from among non-licenseless driving and driving without a license and driving without a license, and is likely to repeat the same crime as committing a special injury during the suspended sentence. In particular, the suspended sentence is a crime of violation of the Road Traffic Act (non-licenseless driving).