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(영문) 광주지방법원 2015.12.08 2014노670
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and forty hours of attending the law-abiding driving course) is too uncomfortable and unfair.

2. In light of the fact that the Defendant, even though having been punished five times due to an unlicensed driving, once again drives without a license, did not recover from damage, and the victim suffered an injury, such as cage cage cages, etc. which require six weeks of treatment, the lower court’s sentence is too unfasible and unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning criminal facts;

1. Of concurrent crimes, the fact that vehicles operated by the defendant for the reason of sentencing under the former part of Article 37, Article 38(1)2 and Article 50 (a) of the Criminal Act among concurrent crimes are covered by imprisonment with prison labor, referring to a heavier penalty than imprisonment with prison labor) are covered by comprehensive insurance, the factors of favorable sentencing, such as the fact that the defendant has been punished five times due to unauthorized Driving, the fact that the defendant re-runs without prison license despite the fact that he has been punished five times due to Unlicensed Driving, the fact that the damage has not been recovered, and the victim has suffered injuries, such as the injury that needs to be treated for six weeks, other factors such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the scope of the recommended sentencing guidelines as set forth in the records and arguments of sentencing guidelines.

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