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 main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.
2. The Defendant repeatedly repeats the instant crime even if he had previously been punished several times due to drinking and unlicensed driving, and in particular, even if he was subject to a suspended sentence, the Defendant committed the instant crime for a period of seven months from the date of the suspended sentence, and the quality of the instant crime is poor.
On the other hand, however, the defendant led to the confession of the crime of this case and reflects his mistake in depth, the defendant was detained for 60 days in this case, there was a dependent on the defendant, and the defendant does not repeat the crime again. In the case of this case, the suspension of the execution of 8 months in the event imprisonment is finalized, and there seems to be somewhat harsh in terms of the invalidation of the suspension of the execution of imprisonment for 8 months, and it seems necessary to give the defendant an opportunity to give a final opportunity by taking into account the following factors: the defendant's age, character and behavior, character and environment, intelligence and environment, motive and background of the crime, means, method, method and consequence, circumstances before and after the crime, criminal record relation, etc., the defendant and his defense counsel's allegation of unfair sentencing is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited 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;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;