도로교통법위반(무면허운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.
2. The Defendant has committed multiple crimes repeatedly in a short period.
In particular, even after the occurrence of the crime in 2019dan536, the Defendant did not stop the crime and continued to commit the crime in 2019dan1133 even after it was investigated by the police.
However, the defendants recognize all their mistakes and are against themselves.
The amount of damage caused by each thief committed by the defendant is relatively small, and the defendant has recovered from all the damage inflicted on the victim F and H associations.
The victims do not want to punish the defendant.
No defendant shall have any history of criminal punishment heavier than a fine.
In addition to the above circumstances, the sentence that the court below rendered is too unreasonable in light of the following factors: the defendant's age, character and conduct, social ties, and circumstances after the crime in this case and all the sentencing conditions shown in the proceedings of pleadings.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the judgment below is ruled as follows.
【Reasons for the Judgment in Multi-Form 3] A summary of the facts constituting an offense and a summary of the evidence of the judgment of the court below, the phrase “each of the J” in Part 12 shall be corrected as “J’s written statement” and, except for addition of “1. Freight tracking status” in Part 12 and below, it is identical to the corresponding column of the judgment of the court below. Thus, it shall be cited as it is in accordance
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty, Article 329 of the Criminal Act, Article 330 of the Criminal Act, Article 319 (1) of the Criminal Act (influence of a structure at night and infence of a structure), Article 319 (1) of the Criminal Act (influence of a structure and choice of imprisonment);
1. Aggravation for concurrent crimes;