도로교통법위반(무면허운전)
All appeals by the defendant and the prosecutor are dismissed.
1. On the summary of the grounds of appeal, the defendant asserts that the defendant is too unaffortable, and that the prosecutor is too unaffortable and unfair, respectively, for the punishment of the lower court (six months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order).
2. While the Defendant had been sentenced to imprisonment with prison labor for a crime that includes a unlicensed driving, the Defendant again committed the instant non-licensed driving crime.
This is disadvantageous to the defendant.
On the other hand, the defendant is against the charge recognizing the facts charged.
In addition, the Defendant was sentenced to one year of imprisonment at the Daegu District Court on October 20, 2016 due to a violation of the Road Traffic Act (drinking driving), etc. and the sentence becomes final and conclusive on January 16, 2017. The instant crime ought to take into account the equity between the two previous crimes for which the judgment became final and the subsequent concurrent crimes after Article 37 of the Criminal Act, in relation to the relationship between the two previous crimes and the latter concurrent crimes.
This is the circumstances favorable to the defendant.
In addition, when comprehensively considering the defendant's age, sex, environment, occupation, circumstances leading to the crime, etc., the conditions of sentencing indicated in the records, such as the circumstances after the crime, and the circumstances after the crime, where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), etc., the sentence imposed by the court below is deemed appropriate, and it is not recognized that it is too heavy or unreasonable because it is too heavy.
3. As such, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Provided, That among the criminal facts of the judgment of the court below, "the defendant" is sentenced to imprisonment with labor for a period of one year at the Daegu District Court on October 20, 2016 due to a crime of violating the Road Traffic Act (dacting driving), and the sentence becomes final and conclusive on January 16, 2017."