도로교통법위반(무면허운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for three years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.
2. The judgment of the court below is justified by taking full account of various circumstances, including the defendant's age, environment, character and conduct, motive of the crime, circumstance before and after the crime, etc., where the defendant committed the crime in this case, and thus, he did not faithfully comply with the judgment of the court below. However, it is found that the sentence of the court below is somewhat unreasonable, considering the following circumstances: (a) the defendant committed the crime in this case; (b) he committed the crime in this case; (c) he did not have any criminal record or heavier punishment; (d) the defendant was discovered by drinking driving; (e) the defendant was found to have been guilty by drinking; and (e) the blood alcohol level was not high by 0.065% for drinking driving; and (e) the defendant is expected not to obtain a license or drive under the influence of alcohol; and (e) the defendant is expected not to drive under the influence of alcohol; and (e)
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as that of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act; and
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reasoning of the judgment on the Defendant’s assertion of unreasonable sentencing prior to the reasons for sentencing under Article 62-2 of the Criminal Act is as follows.