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(영문) 수원지방법원 2017.12.15 2017노5470
도로교통법위반(무면허운전)
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The judgment of the court below against the defendant who made an ex officio determination was sentenced to each of the above appeals and the defendant filed an appeal, and this court decided to hold a joint hearing of each of the above appeals. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced to one punishment in accordance with Article 38(1) of the Criminal Act, and the judgment of the court below

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above unfair sentencing argument by the defendant, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

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

Application of Statutes

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the fact that the Defendant is aware of his/her mistake and is against himself/herself; and (b) the fact that he/she is required to support an undecent old-age, which

On the other hand, there is a record of being punished several times for the same crime, such as the violation of the Road Traffic Act (unlicensed driving) and the violation of the Road Traffic Act (drinking driving), and in particular, the repeated crime of this case during the repeated crime period, and the cancellation period of a driver's license is considerably long, etc. are disadvantageous to the defendant.

In addition, the above circumstances and the defendant's age, sexual conduct, environment, motive for committing a crime, and crime.

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