도로교통법위반(무면허운전)
The defendant's appeal is dismissed.
1. The sentence imposed by the lower court (four months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. It is recognized that the judgment defendant led to the confession of the crime and repented his mistake.
However, in consideration of the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the instant pleadings, such as the circumstances after the instant crime, the lower court’s punishment is too unreasonable, and thus, is not deemed to be too unreasonable, in light of the fact that the Defendant committed the instant crime without being aware of the period of suspension of execution due to drinking driving and driving without a license, as well as the history of punishment for suspension of execution, and that the distance of driving without license is about 50km.
Therefore, the defendant's assertion is without merit.
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.