(영문) 부산지방법원 2014.01.24 2013노4080 | 리걸엔진

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(영문) 부산지방법원 2014.01.24 2013노4080

도로교통법위반(무면허운전)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable, for four months of imprisonment imposed by the defendant.

2. Since around 2004, the Defendant had been sentenced to punishment for the same kind of crime until several times, and on April 20, 2012, the Defendant was sentenced to a suspended sentence for the same crime and was under the suspended sentence, and the Defendant again committed the instant crime even if he was sentenced to a fine for driving without a license during the suspended sentence period.

However, in full view of all the circumstances, including the fact that the Defendant recognized all of the instant crimes and is detained for about 60 days, there are some parts of the motive to commit the instant crime, the fact that there is a family member to support the Defendant, the fact that there is economic difficulty, the Defendant’s child and the punishment are taking the initiative of the Defendant, and other circumstances that form the conditions for sentencing as indicated in the records, such as the Defendant’s age, environment, occupation, family relationship, circumstances leading to the instant crime, and the following circumstances, the sentence of the lower court, which sentenced the Defendant, seems to be unreasonable.

Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal of this case is with merit.

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 of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 152 (1) and 43 of the Road Traffic Act and the choice of fines for criminal facts;

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

참조조문

유사 판례

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