(영문) 대전지방법원 2020.09.16 2020노1425 | 리걸엔진

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Reasons

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(영문) 대전지방법원 2020.09.16 2020노1425

도로교통법위반(무면허운전)

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the defendant is not only subject to criminal punishment on several occasions due to a violation of the Road Traffic Act (unlicensed Driving) but also under suspended execution due to a violation of the Road Traffic Act (Unlicensed Driving). The defendant was driving without a license of this case while driving without a license of this case, and the defendant was driving without a license of this case and left the scene of the accident without dealing with the traffic accident, is disadvantageous to the defendant.

However, in light of the fact that the defendant sells a vehicle and does not repeat a crime, it appears that the defendant has shown the opening of the vehicle, and that he has an opportunity to reflect against the defendant's living in custody for at least four months, the sentence of the court below is somewhat unreasonable.

3. As such, the defendant's appeal is with merit. Thus, according to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below is reversed and it is decided again as follows.

【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited 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, which choose the penalty;

1. Prior to the reasons for sentencing under Article 62(1) of the Criminal Act, the punishment as ordered shall be determined by taking into account all the factors of sentencing as examined in the judgment on the grounds for appeal by the defendant.

참조조문

유사 판례

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-광주지방법원 2012.09.12 2012노1346