도로교통법위반(무면허운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is undue.
2. The judgment of the defendant was conducted without a license during the period of suspension of the execution due to drunk driving, and was sentenced to a suspension of the execution of imprisonment and a sentence of imprisonment as well as a fine due to a drunk driving and a unlicensed driving.
Therefore, it is clear that the court below's decision requires a strict punishment for the defendant as revealed.
However, according to the results of the sentencing investigation conducted by the trial court, the defendant is residing together with his/her father, a high school student, and H has been left to the family of the defendant from 4 years of age to 00 after his/her divorce and has been brought up to his/her family. From 7 years of age to 7 years of age, he/she suffered sexual assault from his/her death.
(J) The defendant was detained and living in a margue area where the margue is the congested area after being detained. H seems to have suffered considerable mental suffering due to memory for sexual assault damage, fear of retaliation, and anxiety due to the absence of a guardian, etc.
On the other hand, H had a conflict with the defendant due to the drinking problems of the defendant in the past, but now seems to maintain a smooth relationship.
In light of these circumstances, it is more desirable to provide the defendant with an opportunity of rehabilitation to be able to concentrate on the protection and rearing of minor daughters, rather than to maintain imprisonment with prison labor sentenced by the court below for driving without the license of this case and to invalidate the existing suspension of execution.
In addition, the defendant's age, health status, character and conduct, environment, and circumstances of the crime (the defendant stated that the head of the field office, who was working together, changed the driving instead of drunk, so he/she has become a driver without the driver's license).