(영문) 의정부지방법원 2017.06.23 2017노1040

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) 의정부지방법원 2017.06.23 2017노1040

도로교통법위반(무면허운전)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (four months of imprisonment) is too unreasonable.

2. In light of the fact that the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on February 19, 2009 (e.g., a crime of violation of the Road Traffic Act on April 17, 2013, a fine of KRW 3 million due to a crime of violation of the Road Traffic Act on April 17, 2013, and a fine of KRW 3 million due to a violation of the Road Traffic Act on April 28, 2014 (e.g., a crime of violation of the Road Traffic Act on May 31, 2016), and in particular, the Defendant was sentenced to a suspended sentence for 6 months due to a crime of violation of the Road Traffic Act on May 31, 2016 (d) and driving without a license during the suspended sentence, the quality of the

On the other hand, the defendant would not repeat the same crime by recognizing his mistake.

There are many things.

The defendant seems to have an opportunity to reflect to some extent while living in prison for more than two months in this case.

In the case of the crime of driving without a license, which is different from the crime of driving without a license, if the defendant is sentenced to a sentence due to the crime of driving under the influence of alcohol, the sentence of the suspension of the sentence on the grounds of the crime of driving under the influence of alcohol is invalidated and the sentence of the suspension of the sentence is suspended for six months.

The defendant seems to have lived in good faith while operating the cosmetic, and the employees want to take the defendant's wife.

In full view of such circumstances and other factors of sentencing as the defendant's age, sex, occupation, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable because it is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as follows.

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

-의정부지방법원 2017.07.07 2017노1058

-의정부지방법원 2017.12.12 2017노2883

-의정부지방법원 2016.07.14 2016고단142

-수원지방법원 성남지원 2018.01.19 2017고단3259

-제주지방법원 2017.11.29 2017고단1444