도로교통법위반(무면허운전)
The judgment below
The second offense part of the judgment is reversed.
A person shall be punished by imprisonment with prison labor for not less than eight months against the second offense as to the defendant.
1. The main point of the grounds for appeal is that the judgment of the court below (the first crime: the one year of suspended sentence in February, and the second crime in its holding: the one year of imprisonment with prison labor) is too unreasonable; and
2. Determination
A. As to the part of the crime No. 1 of the holding, the defendant recognized the crime of this case and recognized the favorable conditions for the defendant, such as the fact that the defendant is against the defendant, and that the defendant is concurrent crimes under the latter part of Article 37 of the Criminal Act, but the defendant has been punished several times for the same crime, and the frequency of the crime of this case is not significant, and other circumstances that form the conditions for sentencing in this case, such as the defendant's age, character and conduct, environment, family relationship, etc., are considered as being too unreasonable, and thus, the defendant and his defense counsel's allegation of unfair sentencing is not accepted.
B. As to the part of the crime No. 2 of the holding, the defendant has been punished for the same kind of crime for a long time, and the defendant has been continuously driving without a license even after the decision of suspension of the execution of imprisonment for the same kind of crime became final, etc., but the defendant has been detained for more than two months, or the defendant has been under detention for more than two months, and the defendant has already been driving after obtaining a driver's license, and in full view of other circumstances that are conditions for the sentencing of this case, such as the defendant's age, character and behavior, environment, family relationship, etc., the sentence imposed by the court below is somewhat inappropriate, and thus, the defendant and his defense counsel's allegation of unfair sentencing is justified.
3. Accordingly, the judgment of the court below regarding the crime No. 2 in the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment of the court below is delivered again after pleading as follows.