logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2018.11.30 2018노161
자동차손해배상보장법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

1. The lower court’s punishment (one year and six months of imprisonment, two years of suspended execution, protection observation, and community service order 160 hours) on the summary of the grounds of appeal is too unreasonable.

2. The crime of this case was committed without a license by driving a passenger car that was not covered by mandatory insurance without a license, and when regulating the police, the Defendant’s pro-friendly E resident registration number was used unlawfully on two occasions, and forged and used his signature, which is not good in the nature of the crime, and the Defendant was punished due to the charge of forging a private document or the commission of a falsified investigation document in 200.

On the other hand, it seems that the defendant recognized the non-licenseless driving crime of this case for the first time and reflected in all of the crimes of this case, E does not want the punishment of the defendant, and the previous conviction of the forgery of the above private document and the use of the above investigation document is about 17 years, and there is a big difference in the circumstances and contents of the crime in this case, and there is no criminal history after 2005.

In full view of the above circumstances and the Defendant’s age, sex, occupation, environment, circumstances leading to the commission of the crime, and various sentencing conditions as shown in the record and pleadings, the lower court’s punishment is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, and Article 46(2)2 of the Guarantee of Automobile Damage Compensation Act, the main text of Article 8 (the point of operating a vehicle with no mandatory insurance, the choice of imprisonment, and the method of resident registration.

arrow