도로교통법위반(무면허운전)
The defendant's appeal is dismissed.
1. The lower court’s sentence (four months of imprisonment, one year of suspended execution, and forty hours of lecture of compliance driving) on the summary of the grounds for appeal is too unreasonable.
2. The fact that the judgment defendant reflects the crime, and that there is no past record of criminal punishment exceeding the fine is favorable to the defendant.
On the other hand, the following is disadvantageous.
The Defendant had the record of criminal punishment four times due to drinking driving, while driving without a license even after the license was revoked, and appealed a fine of KRW 3 million on November 18, 2016 in the Sungnam Support of Suwon Friwon, which was sentenced to a fine of KRW 3 million, and was still pending in the trial of the appellate court.
It is necessary to strictly punish the defendant in light of such criminal defendant's drinking, non-licensed driving habits, and attitude of lack of compliance consciousness.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.