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(영문) 대구지방법원 2016.07.21 2016노1692

도로교통법위반(무면허운전)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. It is recognized that the defendant had already been punished several times due to drinking or non-licensed driving, and that the defendant was sentenced to imprisonment for one year for violation of road traffic law in Daegu District Court racing support on July 9, 2014 and again committed the crime of this case during the grace period after being sentenced to imprisonment for one year and two years of suspended execution.

However, in full view of the following circumstances: (a) the confession and rebuttal of the facts charged by the Defendant; (b) the Defendant appears to have sufficient opportunity to reflect the Defendant’s life during three months of detention; and (c) the Defendant’s age, sex, environment, circumstances leading to the commission of the offense; and (d) circumstances leading to the sentencing indicated in the record, such as the circumstances after the commission of the offense, the sentence of the lower court is unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the judgment below is ruled as follows after pleading.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting a crime;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the foregoing consideration shall be made again);

1. An order to attend a course under Article 62-2 of the Criminal Act;