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(영문) 의정부지방법원 2017.12.12 2017노2883
도로교통법위반(무면허운전)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable.

2. On September 23, 2016, the Defendant was sentenced to a punishment of two-year suspension of execution in August 1, 2016 due to a violation of the Road Traffic Act that drives a cargo vehicle while under the influence of alcohol and a violation of the Road Traffic Act (non-licenseed driving), etc.; on October 1, 2016, the Defendant was sentenced to a punishment of two-year suspension of execution; and on September 1, 2016, the Defendant was sentenced to a punishment of two-year suspension of execution.

Defendant committed the instant crime even during the suspended execution period for the same kind of crime. On the other hand, Defendant recognized and opposed to the instant crime.

The defendant is punished as a crime of violating the Road Traffic Act (non-licenseless Driving) of driving a motor vehicle without a driver's license only once.

In the case of the crime of driving without a license, the crime of driving without a license is different from the crime of driving without a license, and in the case of this case, if the defendant is sentenced to a sentence, it would be harsh that the sentence of the suspension of the above execution has been invalidated and the punishment for eight months has been suspended.

The defendant seems to have the time to live in prison for more than two months in this case.

In full view of the above circumstances favorable to the defendant and other factors of sentencing, such as the defendant's age, sex, occupation and environment, motive and background of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

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, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that of the judgment below, and thus, the summary of the evidence is identical to the corresponding column of the judgment below.

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