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(영문) 인천지방법원 2015.01.28 2014노4564
도로교통법위반(무면허운전)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

The Defendant asserts that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.

In full view of all the sentencing conditions shown in the records and arguments of this case and the fact that the driver did not cause an accident due to the driving without the license of this case, the sentence of the court below is too unreasonable.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the following is ruled again

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as stated in the judgment of the court below except for correction of the first trial record as "the defendant's legal statement among the first trial records", and therefore, it is identical to the corresponding column of the judgment of the court below. Thus, it is cited in accordance with Article 369

Application of Statutes

1. Relevant legal provisions concerning the facts of crime and the choice of punishment, and the choice of imprisonment under Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision on the Grounds for Appeal);

1. Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act;

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