도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
except that the ruling shall be made for one year from the date of the final judgment.
1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court against the Defendant is too uneased and unreasonable.
2. As to the grounds for appeal, the Defendant showed the attitude of denying the crime at the investigation stage and evading the punishment, and it is judged that the service is intentionally avoided even during the trial of this case.
In the trial court on October 26, 2018, the notification of the receipt of the trial record was served on the defendant, but the address was continuously changed and the trial was absent.
Although the defendant was punished by a fine on several occasions due to drinking driving and driving without a license, he/she went to commit the crime of this case, and it is inevitable to punish him/her more than the fine.
The court below considered that the defendant could not sufficiently exercise his right to defense as a result of the trial procedure by service by public notice. However, as seen earlier, it is difficult to consider it as favorable to the defendant.
In addition, in full view of all the sentencing conditions shown in the pleadings, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is deemed to be too uneasible and unfair.
The prosecutor's argument is with merit.
3. In conclusion, the prosecutor's appeal of this case is with merit, and 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.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act concerning the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act which choose the penalty;
1. The following circumstances are considered prior to the reasons for sentencing under Article 62(1) of the Criminal Code, but the defendant commits the same offense.