도로교통법위반(무면허운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The defendant does not pay the above fine.
1. The decision of the court below on the gist of the reasons for appeal (three months of imprisonment) is too unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
From 200 to 2016, the Defendant again committed the instant crime even though he had been sentenced to a fine three times due to drinking driving, driving without a license, and driving without a license, on three occasions.
Circumstances favorable to the defendant shall be as follows:
The Defendant led to a confession of the instant crime, and was against the Defendant, while living a prison life between two months.
The defendant is going not to repeat again, such as promising to take a disposition against vehicles, etc.
Among the defendant's traffic crime records, the remaining crimes except the drinking driving crime in 2015 and the unlicensed driving crime in 2016 are the previous crimes prior to about 10 years.
There is no record that the defendant has been punished in excess of a fine for the same crime.
If a defendant is sentenced to imprisonment without prison labor or heavier punishment and confirmed, he/she may be dismissed in the workplace.
In addition to the above circumstances, considering the records of this case and all of the sentencing conditions shown in the previous theories, such as the character, conduct, career, environment, background and result of the crime, etc. of the defendant, the sentence of the court below is too unreasonable.
Defendant’s assertion is with merit.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the judgment below is reversed and it is ruled again as follows.
[Re-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 of the judgment below, and thus, they are cited 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, and the selection of fines concerning the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.