Defendant

Prosecutor

Kim Sang-young

Daegu District Court Decision 2009Gohap3581 Decided June 24, 2010

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

The punishment of a fine of KRW 3 million sentenced by the court below against the defendant is too unhued and unfair.

2. Determination

Although the crime of this case is limited to one driver's license without permission, considering the following circumstances, the sentence imposed by the court below against the defendant is too uneasible and unreasonable.

(1) The defendant has been sentenced to fines, suspended execution and imprisonment for crimes related to traffic which have been committed several times since 2003, including six times before and after driving without a license.

② On August 19, 2003, the Defendant continued to own the instant vehicle even after the revocation of a driver’s license on August 19, 2003, in light of the fact that the Defendant committed the instant crime of driving without a license, it is deemed that the risk of repeating a crime is high

(3) All other circumstances constituting the conditions for sentencing as shown in the records and arguments of the instant case.

3. Conclusion

Therefore, since the prosecutor's appeal is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

In addition to the change of "(vehicle registration number 1 omitted)" of the facts constituting the crime of the lower judgment to "(vehicle registration number 2 omitted)", it is as shown in the corresponding column of the lower judgment, and therefore, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 152 Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act.

Judges Lee Young-jin (Presiding Judge)