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(영문) 서울서부지방법원 2013.11.19 2013노801
도로교통법위반(무면허운전)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (three million won of a fine) is too unhued.

2. The fact that the defendant recognized the crime of this case and supported the pregnant woman suffering from dementia after being divorced from his wife is favorable to the defendant.

However, the Defendant has already been sentenced to 6 times of a fine due to drunk driving or unlicensed driving, and 2 times of a suspended sentence of imprisonment. In particular, the Defendant was sentenced to imprisonment for 4 months, 2 years of a suspended sentence, 120 hours of probation, and 120 hours of a community service order on September 22, 201, and again committed the instant crime during the suspended sentence. In full view of the various sentencing conditions stated in the instant argument, the lower court’s sentence against the Defendant is somewhat unreasonable.

3. Since the prosecutor's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court 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.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (Selection of Imprisonment or Imprisonment)

1. Article 62 (1) of the Criminal Act;

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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