Defendant

Defendant

Kim Jong-Gyeong (Court) (Court of Justice) (Court of Justice) (Court of Justice)

Attorney Jeong Jong-soo (National Assembly)

Cheongju District Court Decision 2012Da2363, 2408, 2503 (Joint Judgment) Decided February 19, 2013

The guilty portion of the judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment without prison labor for not less than five months.

However, for two years from the date this judgment becomes final and conclusive, the execution of the sentence shall be suspended.

Probation shall be ordered to order the accused to take probation and a 40-hour compliance driving instruction.

1. Summary of grounds for appeal;

The sentence (five months without prison labor) of the lower court is too unreasonable.

2. Determination

In addition, even though the defendant has been punished several times due to the same crime, and even during the suspension period due to the violation of the Road Traffic Act (non-licensed driving), he was involved in an accident while driving a non-insurance vehicle without a driver's license, and even if the defendant was investigated as the first crime committed during each of the crimes in this case, even though he was investigated as the crime committed first during the crime in this case, and thus, his liability for such crime is not less strict by repeatedly driving a non-insurance vehicle without a driver's license.

Meanwhile, there are circumstances favorable to the defendant, such as the following: (a) the extent of damage caused by the instant accident is minor; (b) the Defendant agreed with the victim of the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents; (c) the Defendant supports the disabled of class 2 with disabilities of class 2 who have difficulty walking due to the aftermath operation and the complication of urology, etc.; and (d) the Defendant is able to not repeat the same crime, such as the disposal of scraping and driving vehicles, etc., against the depth of the instant crime.

Therefore, in light of the above circumstances and the various sentencing conditions indicated in the record, such as the defendant's age, character and conduct, motive and circumstance of the crime, and the means and consequence of the crime, it is deemed that the sentence of the court below is too unreasonable.

3. Conclusion

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.

The summary of the facts constituting the crime recognized by this court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 3(1) and proviso of Article 3(2)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (Selection of Imprisonment without Labor), Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8, Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (Selection of Imprisonment with Labor)

1. Aggravation for concurrent crimes;

Article 37 (Aggravation of Concurrent Punishment for Crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Punishment)

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Orders for probation and education;

Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

Judges Kim Jong-soo (Presiding Judge)