logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.06.12 2018노1212
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. Determination is that the Defendant had a previous driver’s license only several times, and the Defendant has been driving without a license three times during the period of repeated crime, including the instant crime.

However, the fact that the defendant recognized the crime of this case, the fact that the defendant restored the part of the signal light equipment of the signal light pole damaged by the court below, the part of the iron of the signal light pole was restored to the appellate court, and the fact that the manager of the signal light pole agreed with the manager of the signal light pole is favorable.

In addition, comprehensively taking account of the Defendant’s age, sex, family relationship, circumstances after the commission of the crime, and various sentencing conditions as shown in the instant records and pleadings, the lower court’s punishment is too unreasonable.

Defendant’s assertion is reasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled as follows after pleading.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court are identical to facts constituting an offense and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act on the Traffic of Roads (on the part of a driver's license), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (on the part of a driver's license) and Article 151 of the Road Traffic Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of a sentence of imprisonment with prison labor for a crime of violating the Traffic Act on alternative roads for punishment, and a sentence of imprisonment without prison labor for a crime of violating the Road Traffic Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, and Article 38.

arrow