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(영문) 의정부지방법원 2017.05.25 2017노290
도로교통법위반(무면허운전)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The Defendant has been punished eight times for traffic crimes, such as driving without a license, driving of drinking alcohol, and violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On June 25, 2016, the Defendant was convicted of two years of imprisonment with prison labor for eight months due to non-licensed driving, etc., and was finally determined on June 25, 2016, and used for the above non-licensed driving only one month from the date the above judgment during the suspension period became final.

C They committed the crime of non-licenseless driving of this case by using the franchiser vehicle.

When the Defendant was found to have committed the instant crime, the Defendant was found to have controlled by a police officer without a license or drinking prior to the towing.

We are different only once. When it is discovered that it is non-licensed, the punishment shall be added.

"A person who is well aware of the difficulty in receiving a prior notice," and has repeatedly drive a non-license.

On March 24, 2013, the Defendant, without obtaining a license after the revocation of the driver’s license, seems to have been operating for a long time under the name of the mother of the third grade without delay on August 8, 2014.

After March 24, 2013, the defendant was punished for driving without a license six times.

In full view of the above circumstances and other conditions of sentencing, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and circumstances after the crime, the sentence imposed by the lower court against the Defendant is deemed unfair and unfair.

Therefore, prosecutor's assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

【Grounds for a new judgment】 Facts constituting a crime and summary of evidence recognized by the court, and summary of evidence are stated in the corresponding columns of the judgment below.

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