(영문) 광주지방법원 2015.08.25 2015노1423 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2015.08.25 2015노1423

도로교통법위반(무면허운전)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. In full view of the fact that there were circumstances to consider the defendant's unlicensed driving circumstances, and that the defendant alone supports the mother suffering from dementia, the sentence of 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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are 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;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act, including the fact that the defendant had a history of criminal punishment twice due to a unlicensed driving, and again drives without obtaining the driver's license after the revocation of a driver's license in 2003, which are disadvantageous factors for the sentencing of the defendant, such as the fact that the mother, who suffered from dementia, complained of a part of the clothes, has been driving without the license in this case, and that the defendant, in order to purchase a part of the clothes, was supporting the mother on his own, and other favorable factors such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are considered, and the sentencing conditions specified in the records and arguments of this case, shall be determined as per the disposition.

참조조문

유사 판례

-서울서부지방법원 2014.11.21 2014노1340

-서울서부지방법원 2013.11.19 2013노801

-광주지방법원 2015.12.22 2015노2643

-전주지방법원 2013.04.19 2012노1396

-광주지방법원 2015.10.27 2015노736