logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.11.23 2017노3285
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (6 months of imprisonment) is too unreasonable.

Judgment

The defendant asserts the following matters and is sentenced to punishment:

The defendant reflects his depth's mistake, and the deaf-mute in the second degree with hearing impairment is a requisite mitigation reason under Article 11 of the Criminal Code.

In order to prepare for the board of directors of the J Association, the sign language interpreter who has been driving at ordinary times left the defendant, and the director of the Association, together with the defendant, did not know about the operating method of the defendant's driver, and expressed the color in the driver's license without the sign language interpreter, making it inevitable to drive the driver inevitably.

The defendant has been in charge of the president of the J Association for about eight years and has contributed to the improvement of social welfare and rights and interests of deaf-mutes.

The detention of the accused makes it difficult for the family's livelihood, and the accused suffers from difficulty in dental treatment, etc., and the deaf-mute has difficulty in living in the detention house.

The defendant is the head of the K Center's regional support headquarters, and if he/she is sentenced to imprisonment, he/she shall be disqualified in accordance with the qualification requirements.

Many deaf-mutes, such as the family members of the defendant and the president of the Korean Association of deaf-mutes, want to take the defendant's preference.

However, the defendant has been sentenced to one time to suspend the execution of imprisonment, seven times of fine due to driving without a license, and was sentenced to a fine of 50,000 won due to a violation of the Road Traffic Act in 1994, the general amnesty in 1995, the suspension of the execution of the sentence in 2008, the invalidation of the sentence in 2008, and the non-licensed driving in 2015, and was sentenced to two years of the suspension of the execution of the sentence in 2016, and was sentenced to two years of the suspension of the sentence in 2016.

The sentence of the lower court is determined within the scope of the discretion of sentencing in full view of the following: (a) the Defendant did not set an example as the president of the J Association and repeated driving of unauthorized licenses; and (b) the Defendant’s age, sex, environment, and circumstances after crimes.

arrow