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. Circumstances favorable to the defendant are as follows.
The defendant is divided into and reflected in the crime of this case, and the defendant's living together efforts to prevent the re-offending of the crime of this case also sought a preference against the defendant.
The defendant disposed of the vehicle operated by the defendant.
Circumstances unfavorable to the defendant are as follows:
On January 23, 2015, the defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution due to the crime of violating the Road Traffic Act (non-licensed driving), and committed the instant crime during the suspended execution period, and was sentenced to criminal punishment on several occasions, including six times of fine due to the same crime.
In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment cannot be deemed to be unduly unreasonable.
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.