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 reasons for appeal (4 months of imprisonment) is too unreasonable.
2. In light of the fact that the Defendant was sentenced to a fine on several occasions due to drinking driving, and that the Defendant committed the instant crime before the lapse of two months even though he/she was sentenced to a suspended sentence due to a violation of the Road Traffic Act (driving) or a violation of the Road Traffic Act (licenseless driving) on July 7, 2015, the commission of the instant crime is somewhat weak.
subsection (b) of this section.
However, considering the fact that the defendant was under drinking or not causing a traffic accident at the time of the crime of this case, there was no record of punishment for driving without a license after 197, and that the defendant all of the crimes of this case are recognized by the defendant, and that it seems that the defendant was under detention for more than three months after being detained at the court date of the original judgment, and that the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, and the sentencing conditions as shown in the records and arguments of this case, such as the circumstances after the crime of this case, are too unreasonable.
3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is reversed, and it is decided as follows through a new argument
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 152 of the Traffic Act and Article 152 of the same Act and Articles 152 of the same Act and Article 43 of the same Act, selection of fines for criminal facts;
1. Articles 70 and 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;