(영문) 청주지방법원 2020.03.20 2019노1689 | 리걸엔진

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자간(%)

(영문) 청주지방법원 2020.03.20 2019노1689

도로교통법위반(무면허운전)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable.

2. The judgment of the Defendant is an unfavorable circumstance against the Defendant, in light of such circumstances as: (a) the Defendant was sentenced to a fine four times as a crime of driving without a license and one-time suspension of execution due to a crime of driving without license; (b) the instant crime was committed on October 30, 2018; and (c) the Defendant again committed a crime during the suspension of execution due to the same kind of crime; and (d) the Defendant is deemed to have high risk of recidivism of the Defendant in light of such circumstances.

However, the fact that the defendant acknowledges and reflects the crime, the fact that the defendant suffers from depression disorder, etc., the defendant must support his spouse and old age who suffered from the disease such as Hegic disc, etc., and the fact that the defendant does not have any sentence, etc., are favorable to the defendant.

In full view of the above circumstances, the defendant's age, character and conduct, environment, etc. and all other conditions of sentencing indicated in the arguments and records, the court below's punishment against the defendant is deemed unfair.

Therefore, the defendant's assertion of unfair sentencing is justified.

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

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;

참조조문

유사 판례

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