도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two months.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.
2. Although the Defendant led to the instant crime, the Defendant was driving without a license in this case during the period of suspension of execution due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination), and the Defendant entrusted the Defendant with the instant crime by leaving the vehicle used for the instant crime to a person located in Seoul, as his/her protection observation officer, in order to implement an order for protection observation during the period of suspension of execution. The nature of the crime is very bad, and the Defendant is twice a crime of traffic law (divation without a license) including a traffic violation (divation), twice a crime of violation of the Road Traffic Act (divation) and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (divation), twice a crime of violation of the Road Traffic Act (divation) and once a crime of violation of the Act on the Aggravated Punishment,
However, there is no evidence to prove that the vehicle was discovered in the Defendant’s residence and has been disposed of until now. In full view of the fact that there is doubt as to whether or not the Defendant is seriously against the crime of this case, and the overall sentencing conditions in the records, such as the character and conduct of the Defendant, the motive of the crime, and the circumstances after the crime, the punishment sentenced by the lower court against the Defendant is somewhat unreasonable.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the prosecutor is again decided as follows.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. There are many cases of determining the illegality of sentencing by the prosecutor prior to the reason for sentencing of punishment, prior to the pertinent legal provisions and Articles 152 subparag. 1 and 43 of the Road Traffic Act regarding criminal facts, and the reason for sentencing of imprisonment with prison labor.