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(영문) 인천지방법원 2013.05.24 2013노234

도로교통법위반(무면허운전)

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal that the court below rendered is too unreasonable to impose a fine of 500,000 won.

2. In full view of the following circumstances: (a) the Defendant led to the confession of the Defendant to commit the instant crime; (b) there is room for somewhat taking into account the circumstances leading to the instant crime; (c) there is no particular criminal history of the Defendant; (d) the Defendant has a economically difficult position; and (e) the Defendant’s age, character, character, environment, family relationship, criminal record, circumstances after the commission of the instant crime; and (e) the motive and circumstance of the instant crime; (b) the Defendant’s punishment imposed by the lower court is too unreasonable; and (c)

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that 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 all the same as the corresponding columns 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 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. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) to attract a workhouse;

1. Article 59 (1) of the Criminal Act (Consideration favorable circumstances in front);