도로교통법위반(무면허운전)등
The defendant's appeal is dismissed.
1. On November 14, 2018, after the institution of the instant indictment as to the violation of the Road Traffic Act due to the destruction of and damage to property by negligence in the instant facts charged, the lower court rendered a judgment dismissing a public prosecution pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act on the ground that the victim C expressed his/her intent not to be punished against the Defendant, and sentenced the remainder of the facts charged except for this, which only the Defendant filed an appeal on the ground of unreasonable sentencing. As such, the part dismissing the public prosecution was separated and finalized as it is.
Therefore, the scope of the judgment of this court against the judgment below shall be limited to the conviction except the above dismissed dismissal part.
2. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.
3. It is recognized that the judgment defendant recognized his mistake and reflects his mistake, and that the owner of the other party to the traffic accident led to an agreement.
However, the crime of this case is driving a vehicle without a mandatory insurance without a driver's license, and if a traffic accident occurs while driving a non-life-free vehicle, the issue is not somewhat weak, and the defendant has been punished several times for driving without a driver's license. In particular, even though the defendant committed the crime of this case even though he was in the period of repeated crime due to the violation of the Road Traffic Act (Free Driver's License) in the judgment of the court below, the fact that the defendant committed the crime of this case is committed under the circumstances unfavorable to the defendant. In addition, the court below's sentence has no special circumstances or changes that may be newly considered in sentencing after the sentence of the judgment below, and the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc. are considered as unfavorable to the defendant.