도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (4 million won of a fine) is too unhued and unfair.
2. We need to take into account the favorable circumstances, such as the following facts: (a) the defendant made a confession of and reflects the facts constituting a crime; and (b) there is no criminal record exceeding the suspension of execution.
On the other hand, the Defendant was sentenced to a fine of five times in total due to driving without a license between 2011 and 2014; in particular, the Defendant was sentenced to a suspended sentence of two years due to a violation of the Labor Standards Act in August 2014; the Defendant committed the instant crime of driving without a license on November 8, 2015 during the period of the suspended sentence; furthermore, the Defendant committed the instant crime of driving without a license on November 26, 2015 at the same time as the vehicle (Bllow-car) driving when driving without a license on the following day of the indictment; and the Defendant committed the instant crime of driving without a license on November 26, 2015 (However, the foregoing suspended sentence was imposed at present), and it is difficult to find any circumstances to consider the background of driving the Defendant, and there is sufficient need to punish the Defendant.
In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, environment, character and conduct, motive of the crime, and circumstances before and after the crime, etc., the sentence of the lower court is too uneasible and unfair.
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 it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted 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;
1. Article 62 (1) of the Criminal Act;
1. Probation, orders to provide community service and attend lectures, Article 62-2 of the Criminal Act, and the Act on Probation, etc.;