(영문) 전주지방법원 2014.06.27 2014노430 | 리걸엔진

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(영문) 전주지방법원 2014.06.27 2014노430

도로교통법위반(무면허운전)

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The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have driven a motor vehicle without a driver's license, and the defendant has been sentenced three times to a fine for the same crime and one-time suspension of execution due to the same crime, and the defendant is not aware of the crime of this case in light of the fact that he committed the crime of this case without being aware of it during the suspension of the execution period due to drinking driving. However, the defendant is deemed to have sufficient opportunity to reflect his life through confinement exceeding two months, and the defendant is not driving without a driver's license, and the distance of driving without a driver's license is not so long as the distance of driving without a driver's license does not occur, the defendant supports the old-age whose health is not good, and the defendant also supports the defendant's age and character, environment, family relationship, etc., and the sentencing conditions of the case in this case after the crime of this case are considered to be inappropriate, and the above assertion of unfair sentencing is justified.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court 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 for a crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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