도로교통법위반(무면허운전)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 months of imprisonment) is too unreasonable.
2. The judgment committed the instant crime without being aware of the fact that the Defendant committed the instant crime during the period of probation of imprisonment due to the crime of driving alcohol, etc., and when the Defendant was found to have been driving without a license, he/she committed an additional crime that presents his/her license to conceal the crime, which is disadvantageous to the nature of the crime.
However, the defendant does not repeat again with his mistake in depth.
In full view of all the sentencing conditions shown in the records and arguments of this case, including the fact that the defendant is serving as a member of the society, the fact that there is no record of criminal punishment except for the sentence of the above suspended sentence, the defendant is detained for at least three months, and the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, it is necessary to give the defendant an opportunity to improve his/her character and behavior in a state that is not inconsistent with the society.
Since the court below's punishment is too large, it is recognized that it is unfair.
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act
Application of Statutes
1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense (a point of driving without a license) and Article 230 of the Criminal Act (a point of uttering of an official document) and the selection of fines, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;