자동차손해배상보장법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. Summary of grounds for appeal;
A. (1) Defendant (1) misunderstanding of facts does not have driven a car in the line of duty on April 3, 2014.
(2) The lower court’s sentence of unreasonable sentencing is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, C Cost Star car is a vehicle under operation while the Defendant was in possession of, and around April 3, 2014, D, which was in operation on the road in the south-gu Incheon Metropolitan City, Nam-gu, and claimed that the Defendant operated the said vehicle at the time, was present as a witness at the lower court and stated that the Defendant did not operate the vehicle at the said place. Thus, it is deemed that the Defendant operated the said vehicle without a mandatory insurance on April 16, 2014, as stated in the facts constituting the crime of the lower judgment, without a driver’s license.
Therefore, this part of the defendant's argument is without merit.
3. In full view of the following: (a) all of the sentencing conditions shown in the records and arguments of this case regarding the Defendant and the prosecutor’s assertion of unfair sentencing; and (b) the Defendant committed the instant crime during the period of repeated crimes, etc., the lower court’s punishment is too uneasible and unfair; and (c) the Defendant’s above assertion is without merit
4. Accordingly, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by this court and the summary of the evidence are as follows: "The defendant was sentenced on October 25, 2012 by the Seoul Southern District Court for the violation of the Road Traffic Act (unlicensed Driving) at the Seoul Southern District Court on November 25, 2012 and the execution of the sentence was terminated on November 12, 2012."