도로교통법위반(무면허운전)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. Circumstances favorable to the defendant are as follows.
Defendant recognized the instant crime.
Circumstances unfavorable to the defendant are as follows:
In 2015, the Defendant was sentenced to six months of imprisonment with prison labor due to driving without a license and was sentenced to two years of suspended sentence, and committed the instant crime during the suspended sentence.
In addition, the defendant has been punished by violating the Road Traffic Act, drinking, driving without a license, etc.
In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment cannot be deemed to be unduly unreasonable.