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 fact that the defendant recognized a mistake and opposed to the judgment is favorable to the defendant.
On the other hand, the defendant has already been subject to criminal punishment on several occasions, including punishment and suspended execution, due to drinking driving and non-licensed driving.
Even though a person was subject to a heavy disposition of suspended sentence after being released from prison, he/she again committed the instant crime only after the judgment became final and conclusive.
As a result of the crime of this case, the traffic accident that shocks the seater of the crosswalk has occurred, the defendant cannot be tried any longer.
In addition, considering various sentencing conditions shown in the records and arguments, such as the age, character and environment of the defendant and the circumstances before and after the crime, the sentence of the court below against the defendant is too 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.