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(영문) 서울북부지방법원 2017.10.27 2017노1016 (1)
도로교통법위반(무면허운전)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles, the Defendant did not recognize the non-licenseless facts at the time of driving of the instant case.

In addition, it should be considered that there is a very urgent situation that it was a very urgent situation that it was a woman-friendly vehicle to use gas in one house.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. On November 29, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of road traffic laws at the Chuncheon District Court on May 22, 2017, and the judgment became final and conclusive on May 22, 2017. As such, the Defendant’s crime and the crime of violation of road traffic laws (drinking driving) of which the judgment became final and conclusive on the Defendant’s judgment in the lower court is in the concurrent relationship between the Defendant and the latter after Article 37 of the Criminal Act, and should be sentenced to punishment for the crime of the lower court’s judgment in consideration of equity with the case where the judgment is rendered simultaneously pursuant to Article 39(1) of the Criminal

However, the defendant's assertion of mistake and misunderstanding of the legal principles is still meaningful despite the above reasons for reversal of authority.

B. The following circumstances are acknowledged based on the judgment of the court below and the evidence duly adopted and examined by the court below as to the Defendant’s misunderstanding of the facts and misapprehension of the legal principles, i.e., the upper part of the temporary driving certificate held by the Defendant.

“Although the term of validity is clearly indicated at the bottom, “40 days from September 20, 2016 to October 29, 2016” was clearly indicated at the bottom, the Defendant driving the instant vehicle on November 3, 2016 when the term of validity expires, and ② the Defendant was unaware of the meaning of the term of validity due to the power that the Defendant had been subject to nine times or more due to drinking or non-licensed driving in the past.

When compiling that it is difficult to see,

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