도로교통법위반(무면허운전)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.
2. Determination factors are sentencing factors favorable to the Defendant, such as the fact that the Defendant recognized the instant unlicensed driving.
On the other hand, the fact that the defendant had four times of without a license (the year 2013, the year 2014, the year 2017, and the year 2018) and the defendant had a previous record of the suspension of execution, which led to the occurrence of an accident of misunderstanding and drilling during the suspension of the execution, is an unfavorable factor for sentencing against the defendant.
In addition, the lower court did not change the sentencing conditions that may be newly considered in this court compared to the lower court, comprehensively taking into account the above factors of sentencing.
In addition, considering the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.
3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.