도로교통법위반(무면허운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.
2. The judgment of the defendant has been punished by a fine for driving without a license in 2007 and driving without a license in 2019. On January 22, 2020, the judgment of the defendant was sentenced to a suspended sentence of two years for a year due to drinking and driving without a license in Sungnam Branch of Suwon District Court on January 22, 2020 and was sentenced to a suspended sentence of two years due to drinking and driving without a license during the suspended sentence.
However, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the lower court’s punishment seems to be heavy, and thus, the Defendant’s assertion of unreasonable sentencing is reasonable. In so doing, the Defendant’s assertion of unreasonable sentencing is with merit. In so doing, the lower court did not err by misapprehending the legal doctrine on the records and arguments of this case.
3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the
Application of Statutes
1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act prior to the grounds for sentencing of the provisional payment order shall be determined in full view of the various circumstances as ordered.