도로교통법위반(무면허운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The sentence imposed by the court below (4 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. On April 8, 2015, the Defendant committed the instant crime even though he/she was sentenced to a two-year suspended sentence for six months of imprisonment due to a violation of road traffic law (unlicensed driving) in the Daegu District Court Kimcheon-cheon Branch of the Daegu District Court on April 8, 2015, even though he/she had been sentenced to a two-year suspended sentence, and thus
However, in full view of the following circumstances: (a) the Defendant’s mistake is recognized; (b) the Defendant was detained for not less than two months in the instant case; and (c) the Defendant’s wife appears to have been given an opportunity to reflect; (d) the Defendant’s wife wanted to take the Defendant’s wife; (e) the Defendant’s history of punishment for driving without a license was only one time; (e) the Defendant’s sentence was suspended, and the Defendant’s sentence was imposed, and there was a somewhat harsh aspect for the Defendant to be sentenced; and (e) other various circumstances, such as the Defendant’s age, sex, environment, and family relationship, the lower court’s sentence is excessively unreasonable.
3. The decision 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 again after pleading as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;