도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the summary of the grounds for appeal is too unreasonable, for four months of imprisonment imposed by the defendant.
2. It is recognized that the Defendant committed the instant crime even though he/she had been already punished for the same kind of crime, including without obtaining a license.
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant did not cause additional damage, such as traffic accidents caused by the Defendant’s driving; (c) the Defendant’s absence in the lower court does not appear to have intentionally escaped to avoid punishment; (d) the Defendant did not have been placed under a license for driving for about five years after having been sentenced to a suspended sentence on 2005; (c) the Defendant was detained for about sixty (60) days due to the instant crime; (d) the Defendant has been in custody for about 60 days; and (e) the Defendant would not repeat again, such as disposal of the owned vehicle; and (e) the Defendant’s age, environment, occupation, family relationship, etc., the sentence of the lower court seems to be unreasonable.
Defendant’s assertion is with merit.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal of this case is with merit.
Criminal facts
The summary of the evidence and the facts charged by this court and the summary of the evidence are as follows, except for the addition of the "1. Defendant's trial oral statement" to the summary column of the evidence, since it is the same as the corresponding column of the judgment of the court below, they are cited as it is in accordance with Article 369
Application of Statutes
1. Article 152(1) and Article 43 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); the choice of imprisonment for a crime and the choice of a sentence
1. As to the grounds of appeal as seen earlier under Article 62(1) of the Criminal Act