도로교통법위반(무면허운전)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. The circumstances favorable to the Defendant are that the Defendant is closely reflecting the instant crime, and that the Defendant did not separately cause a traffic accident while driving a mere non-exclusive license.
However, in full view of the following circumstances: (a) the Defendant had been driving for four times or more; and (b) the Defendant committed the instant non-licenseless driving of the instant case without being aware of the fact that he/she had committed a repeated crime due to the same kind of crime; (c) the distance of driving without a license is considerable; and (d) the Defendant’s age, sex, environment, motive and circumstance of the crime; and (e) the circumstances after the crime, etc., which are conditions for sentencing, the lower court’s punishment is too unreasonable.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.