(영문) 대구지방법원 2018.05.18 2018노964 | 리걸엔진

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(영문) 대구지방법원 2018.05.18 2018노964

도로교통법위반(무면허운전)

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1. The judgment below is reversed.

2. Defendant shall be punished by a fine of KRW 3,000,000.

3. The above fine shall be imposed on the defendant.

Reasons

1. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant committed the instant crime during the period of suspended execution due to driving without a license, which has three times a fine, two times a suspended sentence, and that the Defendant committed the instant crime.

However, the defendant would not drive without a license again because he/she reflects his/her mistake by living for about three months of detention.

The fact that the defendant's lastless driving force of the defendant is about five years, the defendant's imprisonment with prison labor for 8 months suspended is invalidated and the above punishment is additionally imposed. It seems to be very harsh in light of the circumstances of the crime of this case and the nature of the crime of this case. It is recognized that the defendant's family members and those of the defendant want to take the action while leading the defendant.

In addition, considering the various circumstances such as the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, the circumstances after the crime, the punishment of the court below is too unreasonable.

Therefore, the defendant's argument is justified.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 of the Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and selection of fines concerning facts constituting an offense;

유사 판례

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