(영문) 광주지방법원 2013.07.17 2013노849 | 리걸엔진

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(영문) 광주지방법원 2013.07.17 2013노849

도로교통법위반(무면허운전)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. In light of the prosecutor’s gist of the grounds for appeal (e.g., both types of punishment) that the defendant had nine times the criminal records of the same kind, including three times before the stay of execution and three times before the stay of execution, and that the defendant was in the state of drinking at the time of the instant case, the sentence of the court below sentenced two years of suspended execution and 40 hours of the lecture

2. The Defendant committed the instant crime even though he was sentenced to a fine on three occasions for the same crime committed during the period of the suspension of the execution, and the Defendant was sentenced to a fine on the same crime committed during the period of the suspension of the execution, and the Defendant did not obtain a driver’s license again after October 20, 2002. Defendant’s continued driving without a license is not easy to completely deny the State’s driver’s license system, but must be strictly prohibited for the order of road traffic and the safety of traffic passengers, and thus, it is necessary to repeat the Defendant’s warning. The Defendant was under a drinking condition of 0.046% of blood alcohol concentration at the time of the instant crime. In light of the motive and background leading up to the instant crime, the circumstances before and after the instant crime, and the Defendant’s age, character and behavior, environment, etc., as stated in Article 51 of the Criminal Act, the Defendant’s assertion that the above Defendant’s imprisonment is too unjustifiable and reasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

As stated in each corresponding column of the judgment of the court below, the summary of the evidence shall be cited 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, which choose the penalty;

참조조문

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