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 summary of the grounds for appeal (4 months of imprisonment) is too unreasonable.
2. The judgment of the defendant is more than six times that he was sentenced to a fine during the period of the suspension of execution for the same crime in 2010, and the defendant was sentenced to a suspended execution on September 4, 2014, which was later, but he was sentenced to a suspended execution on September 4, 2014, but he was not aware of the crime during the suspended execution period. However, the defendant's confession during the crime, which reflects the defendant's mistake through a prison life with a large amount of imprisonment, and there was no criminal record sentenced to the sentence, the criminal record of the suspended execution due to the violation of the Road Traffic Act (recognition) is written in the above protocol of suspect interrogation of the defendant among the records of the case.
In full view of the various circumstances, including the Defendant’s age, environment, character and conduct, motive of the crime, circumstances before and after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable and unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as that of each corresponding column of the judgment below.