도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.
1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.
2. In the past, the Defendant had been sentenced to punishment several times due to drinking or unlicensed driving (one time of the suspended sentence of imprisonment, three times of a fine). In particular, the Defendant was sentenced to a suspended sentence for six months due to a violation of the Road Traffic Act (driving) or a violation of the Road Traffic Act (Non-licensed Driving) in the Changwon District Court's branch on January 12, 201, and was sentenced to a suspended sentence for six months on January 20, 201, which became final and conclusive on March 10, 2011, and again was sentenced to a suspended sentence for four months at the Changwon District Court's branch on June 27, 2012, and filed an appeal under this Court 2012No1359 and was sentenced to a fine against the Defendant on September 6, 2012.
However, in full view of all the circumstances that are favorable to the defendant, such as the situation that the defendant suffered from liver quality, lost awareness of pulmonal difficulty, etc., and that the defendant was committed to care for the hospital, there are circumstances to consider the situation. The defendant's assertion is reasonable, since the defendant's punishment imposed by the court below is recognized as unfair, considering all the circumstances that are favorable to the defendant, such as the fact that the defendant's wife and three children who are foreigners, are at the location to support the defendant's wife and three children, the defendant's confession and reflect, and that the defendant again does not drive without a license, and the defendant must not drive again without a license, and other circumstances that are conditions for sentencing as shown in the records and arguments, such as the circumstances and results of the crime in this case, and the circumstances after the crime.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is so decided as follows.
Criminal facts
this Court recognizes the substance of the evidence and the summary thereof.