beta
(영문) 전주지방법원 2013.06.28 2013노455

도로교통법위반(무면허운전)등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Of the facts charged in this case, the court below found the defendant guilty as to the violation of the Road Traffic Act against the victim C, and found the defendant guilty as to the remaining crimes, and dismissed public prosecution without the prosecutor's appeal as to the conviction only became final and conclusive after the lapse of the appeal period. Thus, the court below's judgment is to be made only for the guilty part among the judgment below.

2. The sentence of the lower court (eight months of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

3. As to the grounds for appeal of this case, the crime of this case is to be strictly punished on the ground that the defendant committed the crime of this case, including the crime of violation of the Road Traffic Act (hereinafter referred to as "driving") or the crime of violation of the Road Traffic Act (hereinafter referred to as "Violation of the Road Traffic Act") in four times prior to the crime of this case, despite the fact that the defendant had been punished four times prior to the crime of this case, even though he had a history of punishment for the crime of violation of the Road Traffic Act (hereinafter referred to as "Violation of the Road Traffic Act") or the crime of violation of the Road Traffic Act (hereinafter referred to as "non-driving") by repeatedly committing the crime of this case.

However, all of the crimes of this case are recognized by the defendant, and depth is divided, and the above victims do not want the punishment of the defendant in the trial court by mutual consent with the victim H, F, and the victim J, and judicial reconciliation has been formed in the civil case concerned with respect to the damage of the victimJ (the Jeonju District Court 2012Gaso7238 compensation). The defendant must support his father who is a disabled person and his father who is a high school student, and the circumstances leading to the defendant's crime of this case are the age, character and behavior, environment, and the circumstances leading up to the crime of this case.

참조조문