(영문) 창원지방법원 2013.12.24 2013노2481 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2013.12.24 2013노2481

도로교통법위반(무면허운전)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one month.

Reasons

1. The sentence imposed by the court below (one month of imprisonment) is too unreasonable.

2. On July 16, 2013, the first head of the criminal charge column among the facts charged in the instant case, “Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Changwon District Court on July 16, 2013 and the above judgment became final and conclusive on November 29 of the same year at the same appellate court on November 21, 2013,” and applied for an amendment to Bill of Amendment to the Criminal Act by adding “the latter part of Article 37 and Article 39(1) of the Criminal Act” to the applicable provisions of the same Act, and the judgment of the court below cannot be maintained any more because it was modified by permitting it.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is so decided as follows.

Criminal facts

The summary of the facts and evidence recognized by this court is identical to each corresponding column of the judgment of the court below, except that the facts and the summary of the evidence in the judgment of the court below are "1................................................................................

Application of Statutes

1. Relevant Article of the Act on Criminal facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty;

2. The reason for sentencing of concurrent crimes is relatively short the distance between the defendant's driving without a license and the defendant's confessions and reflects. The reason for sentencing is the latter part of Articles 37 and 39 (1) of the Criminal Procedure Act (the Road Traffic Act and the former part of Article 39 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents for which the crime of violation of the Road Traffic Act and the judgment became final and conclusive, the Road Traffic Act and the violation of

참조조문

유사 판례

-창원지방법원 2014.05.29 2014노526

-창원지방법원 2014.02.18 2013노1233

-창원지방법원 밀양지원 2016.11.30 2016고단488

-창원지방법원 2013.12.11 2013고단2575

-창원지방법원 2014.07.24 2014노936