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(영문) 광주지방법원 2015.11.05 2015노671
도로교통법위반(무면허운전)등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by six months of imprisonment.

except that from the date of this judgment.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment, one year of suspended execution, one year of probation) of the lower court is deemed to be too uneasy and unfair.

2. Before determining the grounds for appeal by a public prosecutor ex officio, Article 46(2) of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015; hereinafter the same) provides that the upper limit of fines was increased to KRW 1,00,000,000,000, and the Addenda to the Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015; hereinafter the same) stipulates that the said amended Act shall enter into force on the date of its promulgation.

Therefore, among the facts charged in this case, Article 1(1) of the Criminal Act on July 14, 2014, the part of the charge that the defendant driving a Karen car not covered by mandatory insurance (Article 46(2)2 and Article 8 of the former Guarantee of Automobile Accident Compensation Act, a corporation, at the time of the act, applies the main sentence of Article 46(2)2 and Article 8 of the former Guarantee of Automobile Accident Compensation Act in accordance with Article 1(1) of the Criminal Act. However, the court below applied the new law to the defendant, which affected the conclusion of the judgment by the application of the statutes, and in this respect, the judgment of the court below

3. Thus, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as the corresponding column of the judgment of the court below. Thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of driving without a license) and Article 46 (2) 2 and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act are not mandatory insurance.

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