도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for four months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The Prosecutor’s sentence (2.00,000 won) of the lower court is too unhued and unreasonable.
B. The lower court’s punishment is too unreasonable.
2. That the defendant does not drive without a license while committing an offense.
It is favorable to the defendant.
On the other hand, the following is disadvantageous.
The instant unlicensed driving distance is relatively 30km.
Although the defendant had a history of criminal punishment on four occasions, including one time of suspended execution for traffic-related crimes, such as drinking and driving without a license, he/she also driven without a license.
In light of the criminal records of the defendant, it is necessary to punish the defendant with strict punishment considering that the defendant repeats without awareness of any crime.
In addition, in full view of the circumstances leading up to the instant crime, Defendant’s age, sexual conduct, environment, and circumstances after the commission of the instant crime, etc., as the lower court’s punishment is deemed to be unfair as it is too uneasible and unfair, the Prosecutor’s assertion is without merit and the Defendant’s assertion is rejected.
3. As such, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant’s appeal is again decided as follows after pleading (as long as the judgment of the court below was accepted by the prosecutor and the judgment of the court below is reversed, the defendant’s appeal shall not be dismissed separately). The summary of facts constituting an offense and the evidence admitted by the court is identical to the description in each corresponding column of the judgment below, and thus,
Application of Statutes
1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;
1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);
1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;
1. The community service order under Article 62-2 of the Criminal Act