도로교통법위반(무면허운전)
The defendant's appeal is dismissed.
1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The fact that the defendant repents his wrong and reflects his wrong is favorable to the defendant.
On the other hand, the defendant has recently been punished several times due to the same kind of crime, and in particular, even though he was sentenced to a fine by driving without a license due to the suspension of execution due to the crime of the Road Traffic Act (non-licenseless driving), he had been sentenced to a fine twice again, and there is a concern to repeat the same crime, and the fact that it is difficult to see that the driver without a license driving of this case is driving a vehicle for the purpose of living, unlike the previous one, is disadvantageous to the defendant.
In addition, when considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, motive for the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.