도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.
2. In light of the fact that there has been three times of punishment due to a driving without a license, and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, which committed the crime of this case without being aware of even though it was in the period of probation due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and that the police officer dispatched for the handling of traffic accidents informed another person
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. In light of the relevant legal provisions on criminal facts, Articles 152 subparag. 1 and 43 of the Road Traffic Act, and the various circumstances examined in determining the grounds for sentencing prior to the grounds for sentencing of imprisonment, the punishment as set forth in the text shall be determined.