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(영문) 의정부지방법원 2013.09.26 2013노1445

도로교통법위반(무면허운전)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (a fine of 4.5 million won) is too unhued and thus unfair.

2. Although the defendant was driving without a license in this case for his livelihood, the defendant has a majority of the same criminal records, and the driving without a license in this case was committed during the suspension period of execution of the crime of violation of the Road Traffic Act (non-licenseless driving) which became final and conclusive, and the defendant repeats driving without a license despite several criminal punishments. It seems that the defendant seems that he was no longer aware of the crime of non-licenseless driving, and the defendant was aware of the occurrence of a non-licenseless driving of this case by destroying another person parked while driving without a license. The defendant was aware that Mongolia was driving without a license in this case by destroying another person's vehicle while driving without a license and walking away from the investigation at the investigation early, and the situation after the crime is not good, such as mixing with the investigation at the investigation early, considering the fact that the punishment was unfilled when compared with the sentence of similar crimes like the same type of crime, the court below's determination of the sentence of this case's imprisonment as to the defendant's age, character and behavior, and circumstances after the crime of this case.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading, since the prosecutor's appeal is well-grounded.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;