자동차손해배상보장법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 6,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) of the lower court is too unreasonable.
2. The judgment of the defendant committed the crime of this case without being aware of the fact that he/she again committed the crime of this case while he/she was sentenced to a fine due to drinking without a license or driving without a license during the period of repeated crime, and there are records of being punished for the same kind of crime several times, etc.
However, in full view of the following facts: (a) the Defendant would not scrap and repeat his own vehicles; (b) the Defendant’s wife needs to assist the Defendant by giving birth to the First’s wife; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (d) the circumstances before and after the instant crime were committed, the lower court’s sentence of imprisonment is unreasonable as it is excessively unreasonable.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines, respectively;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;
1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing under Article 334(2) of the Criminal Procedure Act are determined as per Disposition.