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(영문) 수원지방법원 2016.09.30 2016노5343
도로교통법위반(무면허운전)
Text

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 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 defendant has a record of criminal punishment for four times due to driving without a license, and in particular, the crime of this case is not less severe than that of this case without being aware of the fact that he was sentenced to a two-year suspended sentence for six months of imprisonment due to driving without a license, even though he was under the suspended sentence.

However, in full view of the following circumstances: (a) the defendant recognized the crime of this case and is against the defendant; (b) the defendant has an opportunity to reflect the defendant's life in custody for more than three months after being detained in court at the time of sentencing; (c) the crime was committed only once without a license; and (d) the defendant seems to have sold the vehicle driven at the time of the trial; (b) the defendant was sentenced to a punishment for the defendant, the execution of which was suspended; and (c) the defendant's age, sex behavior, environment, family relationship, circumstances after the crime, etc., the punishment imposed by the court below is somewhat unreasonable; and (d) the defendant and his defense counsel's above argument about the sentencing is reasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment below, and thus, they are cited 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 concerning the facts constituting a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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