도로교통법위반(무면허운전)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (four months of imprisonment) is too unreasonable.
2. The defendant is against the judgment and again does not drive a non-license.
It is favorable to the defendant.
On the other hand, the following is disadvantageous.
The defendant has a record of receiving juvenile protective disposition several times due to driving without a license.
In this case, the crime of this case was committed only after three years of imprisonment with prison labor for special robbery, etc. was committed.
In light of the defendant's non-licensed driving habits and the attitude of lack of compliance awareness, the risk of recidivism is high.
Since there is a need to punish the defendant strictly.
At the time of the instant case, the Defendant was driving along without a license and caused an accident while driving.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.
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.