도로교통법위반(무면허운전)
The defendant's appeal is dismissed.
1. In light of all the circumstances, such as the fact that the Defendant reflects the instant crime and the fact that the instant vehicle was scrapped, the sentence of the lower court (eight months of imprisonment) is too unreasonable.
2. It is recognized that the Defendant, after having committed the instant crime, dismissed the instant vehicle according to the direction of the probation officer after having committed the instant crime.
However, on October 27, 2011, the Defendant was sentenced to 4 months of imprisonment and 2 years of suspension of the execution due to a violation of the Road Traffic Act (unlicensed Driving) by driving a motor vehicle owned by the Defendant at the Daegu District Court on April 27, 201, and on April 14, 2013, which became final and conclusive on April 14, 2013, and thus, there is a high possibility of criticism that the Defendant committed a crime of driving the same motor vehicle without a license even though he/she was under the suspended execution, 6 times of a fine since 205, 205, 2 times of a suspended execution, and 3 times of a crime of repeating the same kind during the suspended execution period. In light of the fact that the Defendant committed a crime of driving without a license under the Road Traffic Act (hereinafter referred to as a "unlicensed Driving"), considering that there is a weak intention to comply with the traffic-related laws and regulations, the Defendant’s age, health condition before and after the suspended execution, and circumstances of the above case’s circumstances are inappropriate.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.