도로교통법위반(무면허운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months and a fine for 200,000 won.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and fines of 200,000 won) imposed by the court below is too unreasonable.
2. The Defendant committed the instant crime without being aware of the Defendant during the period of probation, and the fact that there was the previous department is disadvantageous to the Defendant.
However, there are circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case and divided his mistake, that the victim does not want the punishment of the defendant by mutual consent with the victim, that there are circumstances to consider the circumstances of the crime of this case, and that the distance of operation is short, etc.
Examining the aforementioned circumstances and other conditions of sentencing, such as the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and records of the crime, etc., the sentence of the court below is deemed to be too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again ruled as follows.
[Dao-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column except for adding "1. Written estimate (H)" to the last column of the evidence of the court below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 152 subparagraph 1, Article 43, subparagraph 10 of Article 156, and Article 54 (1) 2 of the Road Traffic Act (the point of driving without a license, the choice of imprisonment), Article 156, and Article 154 (1) 2 of the Act on the Punishment of Crimes (the point of taking measures to prevent damage, and the
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 3, and 50 of the same Act to increase concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Suspension of execution is advantageous to the reasons for sentencing under Article 62(1) and (2) of the Criminal Act.