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(영문) 춘천지방법원 2014.10.08 2014노540
도로교통법위반(무면허운전)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) that the court below sentenced against the defendant is too unreasonable.

2. Although there are several cases where the defendant has been punished for the same crime, and there are unfavorable circumstances such as the defendant's act of committing the crime of this case without being aware of the same crime during the probation period for the same crime, the defendant recognized the crime of this case and has an opportunity to reflect it through his life for a considerable period of time, the crime of this case does not cause traffic accident, the defendant has no record of being sentenced to imprisonment, the defendant's sentence of imprisonment with prison labor for the crime of this case is deemed to be too harsh compared to the degree of the crime of this case, the defendant is in the position to support his child consciousness, and other various sentencing conditions as shown in the records such as the motive and background leading up to the crime of this case, the age and character of the defendant after the crime of this case, and the character and character of the defendant and the environment are considered to be unfair.

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 evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, and therefore they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 of the Criminal Act and Articles 152 subparagraph 1 and 43 of the Criminal Act concerning the relevant criminal facts, the selection of fines;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

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