도로교통법위반(무면허운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The sentence imposed by the court below on the defendant (three months of imprisonment) is too unreasonable.
2. The circumstances unfavorable to the defendant, such as: (a) the defendant has been sentenced to a fine twice due to driving without a license, a fine for one time due to drinking or non-licensed driving, and a suspended sentence once due to a suspended sentence; and (b) the defendant has driven the pertinent non-license during the suspended sentence.
However, in full view of various circumstances such as the defendant's age, environment, sexual conduct, circumstances before and after the crime, etc., the defendant was detained for about 2 months, and this case was limited to a driver without a license, and the defendant was not controlled by causing traffic accident, the vehicle driven by the defendant was terminated by the judgment of the court below and returned the above vehicle to the siren company, and when the sentence of the court below becomes final and conclusive, the defendant shall be sentenced to nine months in total by imprisonment for the invalidation of the above suspension of execution. In light of all circumstances, the invalidation of the sentence is somewhat harsh, and it seems that the defendant was detained for about 2 months in consideration of all the circumstances, and the defendant's age, environment, sex, criminal conduct, circumstances before and after the crime, etc., and the sentencing conditions specified in the records and arguments of this case are considered to be unfair.
3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 152 of the Traffic Act and Article 152 of the same Act and Articles 152 of the same Act and Article 43 of the same Act, selection of fines for criminal facts;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;