도로교통법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal is too unreasonable, for four months of imprisonment imposed by the defendant.
2. It is recognized that the defendant committed the instant crime even though he/she had had a record of juvenile protective disposition and criminal punishment prior to multiple times due to driving without a license, and that the defendant caused the instant accident to cause physical damage due to the instant crime.
However, the defendant has been detained for about 60 days so far and reflects his mistake in depth, again, and the defendant does not repeat the crime of this case; physical damage caused by the accident of this case has been recovered; on August 7, 2009, the defendant was sentenced to imprisonment with prison labor for 4 years in Busan District Court on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence on December 18, 2012; it would be desirable to give the defendant an opportunity to restore to society after long-term detention; and in full view of all other circumstances such as the defendant's age, environment, occupation, family relationship, circumstances leading to the crime of this case and circumstances after the crime, etc., the sentence of the court below sentenced to the defendant is unreasonable.
Defendant’s assertion is with merit.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal of this case is with merit.
Criminal facts
The summary of the facts constituting an offense and its evidence recognized by the court, and the summary of the facts constituting an offense in the column of the crime, except for deletion of the part of the "the defendant was sentenced to four years of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Busan District Court on August 7, 2009, and completed the execution of the sentence on December 18, 2012" as stated in the corresponding column of the judgment of the court below.