도로교통법위반(무면허운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
On July 14, 2016, the Defendant was sentenced to one year of suspended sentence for four months on account of drinking driving, and was sentenced to one year of suspended sentence on July 22, 2016, and again committed each of the instant crimes during the suspended sentence period after the said judgment became final and conclusive.
In addition, the defendant has been sentenced to a fine on several occasions from 2003 to 2009 due to drinking driving, non-licenseing driving, etc., and has been sentenced to a fine on one occasion in 2012 for the violation of the Guarantee of Automobile Damage Compensation Act.
Circumstances favorable to the defendant shall be as follows:
The Defendant recognized the instant crime and runs against the Defendant.
The Defendant scrapped the instant non-licensed driving vehicle and does not repeat the same again.
In 209, the criminal defendant was punished for driving under drinking or driving without a license except for the above 2016 driving under drinking, and the criminal record was 8 years prior to the date of the crime in this case.
In addition to the above circumstances, considering the records of this case and all of the sentencing conditions expressed in the previous theories, such as the character, conduct, career, environment, background and result of the crime, etc. of the defendant, the sentence of the court below is too uneasible and unreasonable.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is so decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, Article 152 subparag. 1, and Article 43 (Unlicensed Driving) of the Road Traffic Act, Article 46(2)2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 (Non- mandatory insurance) of the Guarantee of Automobile Compensation Act;