도로교통법위반(무면허운전)
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of 4 months with prison labor for the crime No. 1 in the original decision, and the fine of 3 million won for the crime No. 2 in the decision of the court below) is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). However, there is no change in the conditions of sentencing compared to the original judgment on the grounds that new sentencing data have not been submitted at the trial court, and the circumstances alleged by the defendant on the grounds of unfair sentencing are deemed to have already been reflected in the grounds for sentencing of the lower court. In full view of various circumstances, including the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to be too excessive and so it cannot be deemed that the reasonable scope of the lower court’s discretion is exceeded.
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 since it is without merit. It is so decided as per Disposition.