도로교통법위반(무면허운전)등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. Circumstances favorable to the defendant are as follows.
The defendant is divided into each of the crimes in this case and is against himself.
The defendant disposed of the vehicle operated by the defendant.
The accused has three children who need support and have three children who are in need of support.
The family charges of G in the defendant working for the defendant want to have the defendant's wife.
Circumstances unfavorable to the defendant are as follows:
On October 29, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (non-licensed driving), a fine of seven million won for a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (non-driving) on July 5, 201, and a fine of one hundred and five million won for a violation of the Road Traffic Act (non-licensed driving) on June 4, 2013, and a violation of the Road Traffic Act (non-licensed driving) on October 14, 201, and was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (driving).
On October 10, 2015, the Defendant committed each of the instant crimes on the same criminal records.
Of the Defendant’s blood alcohol concentration is 0.126% at the time of driving under the influence of alcohol in 201, and 0.140% at the time of driving under the influence of alcohol in 2015, and is not lower than 0.098% at the time of driving under the influence of alcohol in this case.
No defendant has obtained a driver's license.
In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment cannot be deemed to be unduly unreasonable.
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. It is so decided as per Disposition.