도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. Prior to the instant crime, the Defendant had the record of having been punished several times, including the suspension of the execution due to drunk driving and unlicensed driving, which are the same kind of crime, and there is the need to strictly punish the Defendant by committing the instant crime even during the suspension of the execution of the same kind of crime.
However, the defendant recognized the error of each of the crimes in this case, and there is no record that the defendant was punished for more than the suspended sentence.
The crime of this case is a simple driving without license, and does not cause a traffic accident.
In addition, considering the various circumstances, such as the Defendant’s age, environment, character and conduct, motive leading to the instant crime, circumstances before and after the instant crime, etc., the lower court’s punishment is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading
Punishment of the crime
Since the facts constituting the crime recognized by this court are the same as the facts constituting the crime of the lower judgment, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Summary of Evidence
The summary of the evidence of the above crime is as follows, except for the addition of the "statement made by the defendant in the trial court", and therefore, it is identical to the corresponding column of the judgment of the court below.
Application of Statutes
1. Relevant Article of the Act concerning the facts constituting an offense and Articles 154 subparagraph 2 and 43 of the Road Traffic Act which choose the penalty;
1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;