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. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. In light of the fact that the accused, including the power of punishment for the same kind of crime, has a history of criminal punishment several times, and in particular, the accused commits the instant crime without being aware of the fact that he/she was sentenced to a two-year suspended sentence of imprisonment for a year due to a violation of road traffic law (unlicensed driving) and was sentenced to a two-year suspended sentence, even though he/she had been sentenced to
However, in full view of all the circumstances, including the defendant's age, sex, environment, family relationship, and circumstances after the crime of this case, the defendant's punishment imposed by the court below is somewhat unreasonable, and thus, the defendant and his defense counsel have an opportunity to reflect the defendant's life in prison for more than three months after being detained in court at the time of sentencing, and the sentence of the defendant's imprisonment with prison labor for one year for which the execution of the above sentence was suspended, is somewhat harsh, and the defendant's age, sex, environment, family relationship, and other circumstances that are the conditions for sentencing in this case. Thus, the above unfair sentencing of the defendant and his defense counsel are justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;