(영문) 창원지방법원 2016.03.17 2015노2711 | 리걸엔진

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(영문) 창원지방법원 2016.03.17 2015노2711

도로교통법위반(무면허운전)

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The judgment of the Defendant is recognized that the Defendant was only controlled by driving without a license, not causing traffic accidents, and that there is no punishment exceeding the fine for the same kind of crime.

However, on May 18, 201, the Defendant had been sentenced to a fine of five million won or more due to driving under drinking or without a license by the Busan District Court, and was prior to a violation of the Road Traffic Act. In particular, on September 30, 2014, the driver’s license was revoked due to driving under drinking on or around the same day. On January 7, 2015, the same court was sentenced to imprisonment with prison labor for eight months and a suspension of execution for two years, but did not know even during the suspension period. The Defendant did not make all efforts to prevent recidivism by disposing of the vehicle owned by the Defendant after the instant crime. Since the distance between the Defendant’s home and the company is at least 40 km and it is inevitable to use the vehicle to commute to and from work, it appears that the risk of recidivism is significantly high, and the Defendant was granted a non-exclusive license from the investigative agency to this court to send the employee to an emergency department.

In full view of the facts supporting the defendant's above defense, and other various circumstances, such as the defendant's age, environment, sexual conduct, motive for the crime, circumstances before and after the crime, etc., the sentence of the court below is too unfeasible and unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.

Criminal facts

Criminal facts and evidence recognized by the court as the substance of such facts and evidence.

유사 판례

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