도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The lower court’s sentence (3 million won in penalty) against the Defendant as to the summary of the grounds for appeal is deemed unreasonable.
2. The judgment of the defendant is likely to make a confession of the crime of this case and not drive a license without obtaining a license in the future. However, since the defendant was indicted for a crime without obtaining a license in 2016 and two times in 2017 and was punished by a fine, and again committed the crime of this case, it is necessary to strictly punish the defendant, and to correct his compliance consciousness. In full view of all the sentencing conditions of this case, such as the character, conduct, environment, family relationship, circumstances after the crime, etc., the punishment of the court below is too unreasonable.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.
[Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;
1. Article 62 (1) of the Criminal Act (including the fact that there is no history of punishment exceeding a fine, etc.);
1. An order to attend a course under Article 62-2 of the Criminal Act;