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(영문) 전주지방법원 2013.04.19 2012노1396
도로교통법위반(무면허운전)
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

3.Provided, That for a period of one year from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. In full view of the following circumstances: (a) although the Defendant had been punished several times for the same crime, even though he/she had been sentenced to punishment for the same crime, and even during the suspension period of the execution of imprisonment sentenced for the same crime, the distance of the Defendant’s driving without a driver’s license does not change; (b) the Defendant recognized the instant crime and seriously reflects his/her mistake; (c) the Defendant supporting the mother suffering from dementia; and (d) the Defendant’s age, character and conduct, environment, family relationship, circumstances after the instant crime, etc., it is deemed unfair that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Punishment of the crime

On May 6, 2011, the Defendant driven a 2km car without a car driver’s license from New ENG in the Sinsan-si, Sinsan-si, to the vehicle X-ray in the same Dong from around 17:54 to the road in the same Dong.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Application of Acts and subordinate statutes to entry in the register of driver's licenses;

1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201);

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);

1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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