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(영문) 창원지방법원 2016.03.31 2015노3094
도로교통법위반(무면허운전)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment 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's judgment is only a driving without a license, but is not a driving without a license, and is favorable to the defendant.

However, on June 4, 2015, the defendant had been punished for traffic-related crimes. In particular, the Changwon District Court sentenced on October 10 to imprisonment with labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles), violation of the Road Traffic Act (LA) and violation of the Road Traffic Act (LA) on June 12, 2015, which became final and conclusive on June 12, 2015, again committed the crime in this case without being aware of the fact that the above vehicle was under suspension of execution, and the defendant operated the vehicle in this case at the time of the previous crime. After the crime in this case, the defendant was a joint owner and transferred the above vehicle in the name of the wife who is the head of home, and did not completely endeavor to prevent recidivism by disposing of it to a third party. In light of the defendant's criminal history [in addition to the above suspended sentence, it appears that the defendant's crime in this case was considerably unfair, such as a fine, fine three times due to drinking, and violation of the Act on the Aggravated punishment and its age.

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 as follows.

Criminal facts

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

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