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(영문) 대구지방법원 2016.11.17 2016노1076
도로교통법위반(무면허운전)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.

2. The Defendant, who recognized the facts charged, reflects the facts charged, and supports his children while operating the reading room.

However, on May 22, 2014, the Defendant had been sentenced to a suspended sentence of 6 months for driving without a license for driving without a license, and was sentenced to a fine on November 17, 2014 for driving without a license for driving without a license for driving without a license for at least 4 occasions. However, it is necessary to punish the Defendant for driving without a license for two times each time, even though he was sentenced to a fine on November 17, 2014.

In addition, comprehensively taking account of all the conditions of sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, occupation, and circumstances after the crime, the lower court’s sentence is unreasonable.

3. Since the prosecutor's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 152 subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment for each of them;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing favorable to the preceding);

1. Article 62-2 of the Criminal Act on Probation;

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