교통사고처리특례법위반등
All the judgment below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
except that, for two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. As to the judgment of the court below of first instance, the defendant did not have a driver's license because he possessed a driver's license at the time of each of the instant driving, and the accident that occurred on October 4, 201, which occurred on the day of October 4, 201, was caused by the improper overtaking of a vehicle that the defendant is driving, and the defendant was not negligent in the occurrence of the accident. Thus, the judgment of the court below convicts the defendant as to each of the facts of this case,
B) The punishment of the first instance judgment against the Defendant of unreasonable sentencing (the imprisonment of eight months and two years of suspension of execution) is too unreasonable. 2) The punishment of the first instance judgment against the Defendant by the public prosecutor is too uneasible and unfair.
B. According to the evidence submitted by the prosecutor against the judgment of the second instance, although it can be deemed that the decision of suspension of driver's license against the defendant was legally notified to the defendant, the judgment of the second instance that acquitted the defendant on the ground that the decision of suspension of driver's license against the defendant cannot be deemed to have been lawfully notified to the defendant, and that the charges of this case driving the defendant during the suspension period of driver's license
2. Determination
A. The Prosecutor’s argument regarding the lower judgment as to the instant facts charged and the summary of each of the instant facts charged are as follows: (a) the Defendant suspended a driver’s license from April 13, 201 to June 11, 201; (b) on June 20, 201, the Defendant operated a Cobserver car on the road in front of the Gumyeong-dong located in the Gumyeong-si, Gumyeong-si (U.S.), and (c) around June 14:20, 201, the Defendant operated a DAE car on the front road of the Gumyeong-si (U.S.).
The court below is the defendant according to the legal statement of the witness E of the court below.