(영문) 대구지방법원 2015.12.10 2015노3970 | 리걸엔진

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(영문) 대구지방법원 2015.12.10 2015노3970

도로교통법위반(무면허운전)

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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 reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the Defendant had the record of having been punished several times, including the suspended sentence, for the same kind of case. On August 27, 2014, the Daegu District Court was sentenced to one year of the suspended sentence for the four months of imprisonment for driving without a license in the Daegu District Court Kimcheon Branch, and the need to punish the Defendant with strict punishment is recognized even during the suspended sentence period.

However, the defendant has no record of punishment exceeding the suspended sentence, and has not committed the crime of this case in depth and has not committed the crime of this case.

The crime of this case is a simple driving without a license, and the defendant seems to have sufficient opportunity to reflect the crime of this case through a prison life for about three months.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence imposed by the court below is unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);

1. The proviso to Article 62-2 (1) and Article 62-2 (2) of the Criminal Act;

참조조문

유사 판례

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