도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for four months.
1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 3,00,000) is too unhued and unreasonable.
2. Since 2009, the fact that the Defendant had no record of punishment for driving without a license is favorable to the Defendant.
On the other hand, the following is disadvantageous.
The defendant has been punished several times, including one time of suspension of execution and three times of punishment for the crime of drinking driving and non-licensed driving.
Before the instant case, the instant crime was committed without being aware of being sentenced to six months of imprisonment for a crime of violating the Traffic Act (drinking driving) on the road, and the execution of the sentence was completed, and thus, was in a repeated crime period.
It does not seem that the defendant is seriously against the crime.
In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is deemed to be too uneasible and unfair, and thus, the prosecutor’s assertion is reasonable
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
Criminal facts
The summary of the facts charged and evidence admitted by this court is that the first head of the judgment of the court below was sentenced to six months of imprisonment for the crime of violation of Road Traffic Act at the Gwangju District Court on March 19, 2014, but the execution of the sentence was terminated by the Gwangju District Court on September 17, 2014.
“In addition to the addition of the entry,” it is identical to the entry in each corresponding column of the lower judgment, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;