(영문) 광주지방법원 2021.03.11 2020노2957 | 리걸엔진

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자간(%)

(영문) 광주지방법원 2021.03.11 2020노2957

도로교통법위반(무면허운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The fact that there are grandchildren who have to nurture the Defendant, and that it is necessary to look back with the health condition of the wife, and that the crime of this case is recognized and in depth is committed, many people wanting the Defendant’s wife, and that it seems that the Defendant’s social ties relation is solid, etc. are the grounds for sentencing favorable to the Defendant.

However, the defendant has a majority of the criminal records of the same kind, and it is not good that the crime of this case is committed during the suspension of execution due to the same crime.

The Defendant, at the time of committing the instant crime, was able to cause an accident that is being driven while driving, by taking advantage of the fact that the Defendant was unable to drive properly, and in light of the fact that the Defendant was engaged in drinking and driving without a license without a specific distance without any specific distance even in the state of driving, it is determined that the Defendant was not guilty of the crime of traffic laws and regulations.

In light of the reasons for sentencing unfavorable to the defendant, it is necessary to see that the defendant should be punished by strict punishment corresponding to the criminal liability, and that the state's penal authority should be strict.

In light of the criminal records of the Defendant, the risk of re-offending by the Defendant appears to be high, and in light of the circumstances that the Defendant was sentenced to the lowest sentence of imprisonment at the lower court, and the background and method of the crime, and the age, sex, home environment, and other various sentencing conditions indicated in the records of this case, such as the Defendant’s age, sex, home environment, etc., the sentence of the lower court against the Defendant is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

유사 판례

-서울동부지방법원 2015.04.30 2014노1564

-수원지방법원 2016.03.25 2015노5783

-춘천지방법원 강릉지원 2014.04.02 2013노615

-대구고법 1986. 6. 18. 선고 86노410,86감노58 제1형사부판결 : 상고

-광주지방법원 2020.04.16 2019노3073