(영문) 창원지방법원 2015.05.28 2015노753 | 리걸엔진

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(영문) 창원지방법원 2015.05.28 2015노753

도로교통법위반(무면허운전)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The judgment of the court below is inappropriate by taking full account of various circumstances, including the fact that the defendant was punished for the same kind of crime, and the summary order procedure due to the same crime was in progress, and that the defendant was found to have committed a driving without a license of this case without a license of this case, but he was found to have committed a crime against the defendant's wrong behavior by living under custody for a large amount of 2 months, there was no previous conviction who was sentenced to a suspended sentence or a heavier punishment, and that he would not drive without a license again, such as disposal of the vehicle that was driven without a license of this case, and that he was exposed only to a non-license without a license and did not cause an accident, and other various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, character and behavior, motive of the crime, and conditions before

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 is with merit.

Criminal facts

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

Application of Statutes

1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The judgment on the Defendant’s assertion of unreasonable sentencing prior to the grounds for sentencing under Article 62-2 of the Criminal Act, and the sentence as stated in the Disposition, shall be determined.

참조조문

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