(영문) 수원지방법원 2016.04.20 2015노5691 | 리걸엔진

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(영문) 수원지방법원 2016.04.20 2015노5691

도로교통법위반(무면허운전)등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the court below (1.5 million won) on the summary of the grounds for appeal is too unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

As to the violation of the Guarantee of Automobile Compensation Act, the lower court applied Article 46(2)2 of the Act on the Guarantee of Automobile Compensation and the remaining crimes and the violation of the Road Traffic Act (unlicensed driving) as concurrent crimes under the former part of Article 37 of the Criminal Act (in this case, the applicable sentencing range shall be a fine not exceeding 13 million won). However, Article 46(2)2 of the current Guarantee of Automobile Compensation Act (Article 46(2) of the current Guarantee of Automobile Compensation and Compensation Act (amended by Act No. 12987, Jan. 6, 2015; hereinafter “former Act on the Loss of Motor Vehicles”) cannot be applied to the above criminal facts committed by the Defendant on April 1, 2014 (amended by Act No. 12987, Jan. 6, 2015; hereinafter the same shall apply). Thus, the lower court’s judgment cannot be applied to the above criminal facts charged by the Defendant on April 1, 2014 (amended by Act No. 1560, Jan. 27, 20675).

3. The judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The relevant Article of the Act and the traffic law of choice of punishment concerning the facts constituting the crime;

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