교통사고처리특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
except that the ruling shall be made for one year from the date of the final judgment.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. The fact that the defendant had been punished several times due to the same driving without the license, and that the defendant again committed the crime of this case during the suspension period for the same kind of crime, etc. is recognized as an unfavorable condition to the defendant.
However, in light of all the circumstances, including the fact that the defendant recognized the facts of the crime of this case and against his mistake that he would not drive without obtaining a license, the victim's injury is not severe, the victim D has paid 4 million won and agreed to pay 4 million won, the seriousness of punishment due to the repetition of driving without a license seems to have been sufficiently impaired, the circumstances that may be taken into account in the situation where the defendant did not obtain a driver's license, and other circumstances, such as the defendant's age, character, character, environment, occupation, circumstance and contents leading to the crime of this case, circumstance leading up to the crime of this case, circumstance after the crime, health condition, etc., the sentence of the court below is somewhat inappropriate.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the point of driving without a license) regarding criminal facts, and Article 12987 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015).