도로교통법위반(무면허운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment and 2 years of suspended sentence) is too unreasonable.
2. Determination is that there is a history of criminal punishment by the Defendant who committed the instant crime for drinking driving three times, and the fact that the Defendant again committed the instant crime because it did not exceed six months from the last crime, etc. is disadvantageous to the Defendant.
On the other hand, however, the defendant is able to repent and reflect his wrongness.
The Defendant did not have any record of being sentenced to a fine and did not drink at the time of the instant crime and did not cause a traffic accident due to the Defendant’s unauthorized driving.
In addition, considering the various sentencing conditions shown in the records and arguments, such as the age character and character environment of the defendant and the circumstances before and after the crime, the sentence imposed by the court below is somewhat inappropriate.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting a crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;