도로교통법위반(무면허운전)
The defendant's appeal is dismissed.
1. The sentence imposed by the court below (4 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The fact that the defendant, after committing the instant crime, repents his mistake and reflects his depth is favorable to the defendant.
On the other hand, the defendant has a record of being punished several times due to drinking driving, and in particular, it is disadvantageous to the defendant that he has driven without a license during the period of probation due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
In addition, when considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, motive for the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable.
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.