도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for two years from the date this judgment becomes final and conclusive.
The prosecutor asserts that the sentence of the court below is too uneasible and unreasonable as the grounds for appeal of this case.
In full view of all the sentencing conditions shown in the records and arguments of this case and the fact that the defendant committed the crime of this case during the period of suspension of execution, the court below's punishment is too uneasible and unfair.
Therefore, since the prosecutor's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they shall be quoted by Article 369 of the Criminal Procedure Act
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. Article 62 (1) of the Criminal Act (including the fact that the defendant reflects in depth);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Probation, etc. Act;