도로교통법위반(무면허운전)
The defendant's appeal is dismissed.
1. The sentence imposed by the lower court (four months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The facts that the Defendant’s mistake was properly recognized and the automobile used for the instant crime are scrapped, etc., and that there are reasonable grounds to consider the circumstances leading to the instant crime, etc. are favorable.
On the other hand, the defendant has been punished several times due to driving without a license for drinking, and in particular, the defendant committed the crime of this case without being among the persons who committed the crime of this case even though he was under suspended execution for six months due to the violation of the Road Traffic Act on July 23, 2015.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable. As such, 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. It is so decided as per Disposition.