도로교통법위반(무면허운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The sentence of the court below (four months of imprisonment) is too unreasonable.
2. On March 26, 2013, the Defendant was sentenced to a suspended sentence of two years for one year by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Chuncheon District Court.
4.3. The judgment became final and conclusive and was in the period of suspension of execution, and the same year.
5. On 30. 30. 30. the same court did not know about the charge of the violation of the Road Traffic Act (unlicensed driving) and did not know about the 1,500,000 won, and again committed the crime of this case without being aware of it, the fact that the defendant was aware of his fault, the fact that the defendant was in a trial, that the defendant was disposing of the vehicle of this case, that the defendant's wife was the defendant's wife, that the defendant's wife was wanting to leave the defendant's wife, and that the defendant is somewhat harsh if the defendant must return to the defendant upon the lapse of the suspended sentence, and that other factors of sentencing as shown in the records, such as the motive and background leading to the crime of this case, the situation after the crime, the age, health, character, and environment of the defendant, are considered to be unreasonable, and the defendant's argument is therefore justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty for a crime;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;