도로교통법위반(무면허운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The sentence of imprisonment (five months of imprisonment) by the lower court is too unreasonable.
B. The court below’s sentence (e.g., e., e., g., e., e.,
2. The judgment of the defendant did not know about the occurrence of an accident while driving a motor vehicle without obtaining a driver's license, and the judgment of the suspension of execution was not rendered even after two weeks have passed since the judgment of the suspension of execution became final, and the crime of this case was committed at the time when the circumstances leading to the crime are inferior, and there is doubt as to whether the defendant is willing to comply with the law and order, etc.
However, in light of the fact that the defendant living in custody for more than three months, while living in custody, has not been sentenced to punishment until now, the mother of the defendant wanted to have the defendant's wife, and the defendant seems to have the possibility of edification and improvement at the age of the 20th early group, and the court below's sentence sentenced to imprisonment is too unreasonable, taking into account all the sentencing conditions, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime.
3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the following judgment is rendered again after pleading.
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty for a crime;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;