도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.
2. The judgment of the court below is somewhat unfair in light of the motive and background leading up to the crime of this case, the circumstances before and after the crime of this case, the defendant's age, character and conduct, and occupation records, even though the defendant was sentenced to a suspended sentence of imprisonment due to the same crime of this case, and the defendant again committed the crime of this case without being aware of it during the period of 8 months from the time the judgment became final and conclusive. However, although the defendant was committed the crime of this case without being aware of it, the defendant's mistake is recognized, the defendant should be able to support his wife and 3 children, the defendant was living under confinement for one month due to the crime of this case, and after the crime of this case was committed, it seems that there was no record of committing the same kind of crime as the crime of this case after the crime of this case was committed.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: (a) the summary of the evidence is as stated in each corresponding column of the judgment of the court below in addition to adding “the Defendant’s current trial statement” to “the summary of evidence” in the judgment of the court below; and (b) thus, it is cited as it is in accordance with
Application of Statutes
1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;
1. Circumstances favorable to the defendant, such as those mentioned above of Article 62(1) of the Criminal Act, are as follows.