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(영문) 창원지방법원 2020.10.22 2020노800

도로교통법위반(무면허운전)

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment, two years of suspended execution, and forty hours of community service order) imposed by the court below is too unreasonable.

2. On November 2018, the Defendant’s determination is an unfavorable circumstance to the Defendant that he/she had been driving without a license even though he/she had been under the control on two occasions after the revocation of the driver’s license.

However, in full view of the following factors: (a) the fact that the defendant recognizes and reflects his mistake; (b) the defendant has no record of being punished in excess of the fine; (c) there is a family member to support; and (d) other various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, motive and circumstances of the crime; (b) the driving distance; and (c) circumstances after

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【The part of the judgment rendered in multiple times】 Criminal facts recognized by the court in charge of criminal facts and summary of evidence and summary of evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are quoted as it is in accordance with Article 369

Application of Statutes

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of fines and the selection of fines for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of all the sentencing conditions as examined in the determination of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined in light of the overall sentencing conditions as examined in the judgment.