도로교통법위반(무면허운전)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. Circumstances favorable to the defendant are as follows.
The defendant is divided into and reflected in the crime of this case.
After committing the instant crime, the Defendant disposed of the automobile.
Circumstances unfavorable to the defendant are as follows:
In 2015, the Defendant was sentenced to imprisonment for 8 months with prison labor for driving under the influence of alcohol and was sentenced to a two-year suspended sentence, and again committed the instant crime during the suspended sentence period.
In addition, the defendant is sentenced to a fine in 2002, the defendant is sentenced to a fine in 201, the violation of the Special Act on the Management of Traffic Accidents, and the driverless driving in 2012, and the defendant is sentenced to a suspended sentence for 2 years in 2013.
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.