도로교통법위반(무면허운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for three months.
1. Summary of grounds for appeal;
A. The sentence of the lower court (six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. In light of the fact that the Defendant was sentenced to a fine twice due to a violation of the Road Traffic Act (driving) in around 2003 and around 201, and on July 20, 2017, the Cheongju District Court sentenced the Defendant to a suspended sentence of three years for a year of imprisonment for a violation of the Road Traffic Act (refluence of alcohol measurement) and a violation of the Road Traffic Act (unlicensed driving) at the Cheongju District Court on April 18, 2018, and even if the decision became final and conclusive and conclusive on April 18, 2018, committed the instant crime, the Defendant should be punished strictly.
However, the court below's punishment is too unreasonable in light of all the sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, environment, sexual conduct, motive, means and consequence of the crime, the circumstances before and after the crime, etc.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.
【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between a violation of traffic laws on roads and a violation of traffic laws on roads);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;