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(영문) 부산지방법원 2013.04.12 2013노416
도로교통법위반(무면허운전)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

1. The sentence of the original court (six months of imprisonment) shall be too vague and unfair.

2. As appropriately indicated in the lower judgment’s judgment, the instant crime was committed by the Defendant without obtaining a driver’s license, and the risk of the accident is high, and the Defendant does not seem to have any inevitable circumstance to drive without a driver’s license at the time of the instant crime, and the Defendant is driving a motor vehicle while drinking without a driver’s license.

In particular, it is recognized that the judgment of the court below which accepted the defendant's reliance on May 13, 201 and sentenced a fine of KRW 10,000 to the defendant. Nevertheless, the fact that the defendant committed the crime in this case again is recognized as having been sentenced to a suspended sentence of imprisonment for the same kind of crime and again committed the same crime during the suspended sentence of imprisonment for the same crime, but the appellate court accepted the defendant's reliance on May 13, 201.

However, for the following reasons, this Court will accept once again the defendant's ties and reflects.

The crime of this case is merely driving 3 km without drinking alcohol at a leave place, and thus its own case itself is minor, and the defendant recognizes all the crime of this case and reflects it, the defendant's age is still old at a university around February 2012, and the social early old age is employed at the workplace after graduating from the university, and the defendant does not have any other criminal record except for the crime of driving a motor vehicle, and disposes of all the vehicles owned by the defendant's family members, etc., so it is hard to prevent the defendant from preventing recidivism, and all other circumstances such as the defendant's age, environment, family relationship, occupation, etc. are considered.

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