도로교통법위반(무면허운전)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. The circumstances favorable to the defendant include: (a) the fact that the defendant's mistake is recognized and against himself/herself; and (b) there are some other circumstances to take account of the circumstances surrounding the defendant's driving.
On the other hand, the fact that the defendant had been punished several times due to traffic-related crimes, such as unlicensed driving, etc., and the defendant committed the crime of this case during the suspension of execution due to driving without a license is disadvantageous to the defendant.
It is difficult to view that the lower court’s sentence is too unreasonable in light of the above circumstances and other conditions of sentencing indicated in the record, such as Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime.
Therefore, the defendant's above assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.