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(영문) 창원지방법원 2020.05.14 2020노199
도로교통법위반(무면허운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

, however, for a period of three years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and four months) imposed by the lower court is too unreasonable.

2. The circumstances are that the Defendant is disadvantageous to the Defendant, inasmuch as the Defendant had been punished three times or more for driving without a license, and the Defendant committed a crime, such as driving without a license, etc. on April 11, 2019; the Defendant again committed a crime, such as driving without a license, etc. on September 24, 2019; and the blood alcohol concentration level high.

However, there are circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case and divided his mistake, there are some circumstances to consider the circumstances leading to driving, the occurrence of traffic accidents due to each of the crimes of this case, the fact that there was a history of punishment for driving without a license in 2018, but the punishment for driving without a license in 2018 was only once in 2005, and 14 years have elapsed from the time of the crime of this case, there was no criminal record exceeding the fine, and there was no criminal record exceeding the fine, and there was a need for support for a woman suffering from Al

Examining the aforementioned circumstances and other conditions of sentencing, such as the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and records of the crime, etc., the sentence of the court below is deemed to be too unreasonable.

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 appeal by the defendant is again ruled as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act concerning the facts constituting an offense, respectively;

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