(영문) 수원지방법원 2017.01.13 2016노7925 | 리걸엔진

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(영문) 수원지방법원 2017.01.13 2016노7925

도로교통법위반(무면허운전)

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The judgment below

Of the judgment of the court below, the part concerning the second crime is reversed.

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

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one million won of fine for the crime No. 1 in its holding, and four months of imprisonment for the crime No. 2 in its holding) is too unreasonable.

Defendant

In addition, his defense counsel without specifying the scope of appeal, on the ground of unfair appeal for the sentencing of the court below without specifying the scope of appeal. Thus, although there is no specific assertion about the sentencing of the first crime in the decision of the court below, the defendant's grounds for appeal are as above.

2. Determination

A. As to the part of the crime No. 1 of the judgment of the court below, the defendant is against this part of the crime, and the crime of this part is to be considered at the same time in the concurrent relation between the crime of violation of Road Traffic Act (unlicensed driving) and the crime of violation of the first head of the crime as stated in the judgment of the court below and the crime of violation of the latter part of Article 37 of the Criminal Act, etc., which are favorable to the defendant, or the defendant committed this part of the crime even though he had the record of criminal punishment several times for the same crime, and the court below seems to have determined a fine by fully considering the sentencing conditions favorable to the defendant, and other circumstances that are the conditions for the sentencing of this case, such as the defendant's age, sex, environment, family relationship, etc., as the punishment of the crime No. 1 of the judgment of the court below is too unreasonable. Thus, the defendant and his defense counsel'

B. As to the part of the crime of Article 2 of the judgment of the court below, the defendant has a history of criminal punishment for the same crime several times, and in particular, as to the crime of violation of road traffic law (unlicensed driving), the defendant needs to be subject to punishment corresponding to it in light of the fact that he/she committed this part of the crime while he/she was sentenced to a two-year suspended sentence for 4 months of imprisonment with prison labor for the crime of violation

However, the defendant recognizes this part of the crime.

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