(영문) 창원지방법원 2020.12.03 2020노2278 | 리걸엔진

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(영문) 창원지방법원 2020.12.03 2020노2278

도로교통법위반(무면허운전)

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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

Summary of Grounds for Appeal

The punishment of the court below (4 months of imprisonment) is too unreasonable.

2. The conclusion that the Defendant was sentenced to a suspended sentence of imprisonment on May 28, 2020 due to drinking and unlicensed driving on May 28, 2020 and the Defendant’s non-licensed driving during the suspended sentence is disadvantageous to the Defendant.

However, in full view of the fact that the defendant recognized the crime and made a mistake against the defendant, that the defendant disposes of the vehicle and did not repeat the crime, that there is a family member to support, that there is an opportunity to reflect on the defendant's life for three months, and all the sentencing conditions in the process of the record and pleading of this case, including the defendant's age, character and behavior, family environment, motive for the crime, circumstances after the crime, driving distance, etc., it is judged that the sentence of the court below is too unreasonable.

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.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are all the same as that of each corresponding column of the judgment below. Thus, they are cited as it is 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, the selection of fines and the selection of fines for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In determining the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by comprehensively taking account of the various sentencing grounds for the above grounds for appeal.

참조조문

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