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(영문) 수원지방법원 2021.03.26 2021노274
도로교통법위반(무면허운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The reasoning for appeal (one year of imprisonment) by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal, Article 148-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) provides that a person who has violated Article 44(1) or 48-2(2) of the same Act at least twice shall be punished by imprisonment with prison labor for not less than two years but not more than five years, and where the court below intends to sentence the defendant a punishment for less than two years, the amount of reduction shall be mitigated pursuant to Articles 53 and 55(1)3 of the Criminal Act.

In doing so, the lower court erred by omitting the minimum statutory penalty by omitting the reduction of amount in the application of the statutes when sentencing one year to the Defendant.

Therefore, the judgment of the court below is no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following judgment is delivered through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1) and 44(2) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 152 subparag. 1 and 43 of the Road Traffic Act (amended by Act No. 17371 of Jun. 9, 202), Articles 152 subparag. 1 and 43 of the Road Traffic Act, and each choice of imprisonment with prison labor

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the punishment shall be aggravated to the extent that the total period of two crimes above the punishment prescribed for a crime of violating the Road Traffic Act with heavier punishment is added];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Social services and.

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