도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is deemed to be too unhued and unreasonable.
2. In full view of the following facts: (a) the Defendant had been punished three times for the same kind of crime (two times of fine and one time of the suspension of the execution of imprisonment with prison labor); (b) the Defendant again committed the instant crime during the suspension of the execution period for the same crime; and (c) the Defendant committed an accident that meets the risk of the instant accident while driving on an expressway without obtaining a license; (d) the Defendant was faced with the risk of the instant accident, including the fact that the vehicle was recovered at the end of three shocks; and (b) the Defendant’s age, character, and conduct, and the circumstance leading up to the instant crime and the reason for sentencing indicated in the record, such as the Defendant’s age, character and conduct, are deemed unreasonable. Therefore, the Prosecutor’s assertion of unfair sentencing is with merit.
3. If so, the prosecutor's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with 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;