도로교통법위반(무면허운전)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the lower court’s punishment (over to four months of imprisonment, two years of suspended sentence, observation of protection, and 80 hours of community service) is too unreasonable.
2. The circumstances favorable to the Defendant are that the Defendant recognized the instant crime and reflects the fact that there are some circumstances to consider the developments leading to the instant crime.
However, in full view of all other circumstances, including the Defendant’s age, sex, environment, background of the crime, circumstances after the crime, and rules of employment submitted by the Defendant in the trial, etc., the lower court’s punishment is deemed to be reasonable and is not too unreasonable, and thus, the Defendant’s above assertion by the Defendant is without merit, on the grounds that the Defendant’s punishment is too unreasonable, in light of the following: (a) the Defendant had been already punished several times, including a violation of the Road Traffic Act (unlicensed driving) and the one-time suspension of execution; and (b) the driving distance is not short.
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.