도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The summary of the grounds for appeal (two years of suspended sentence in six months of imprisonment, probation, community service order 120 hours, and 40 hours of order to attend a law-abiding driving lecture) that the court below sentenced is too unfasible and unreasonable.
2. The judgment of the defendant is favorable to the defendant, such as the confession and reflect of the defendant, the fact that the defendant agreed with the victim G who suffered physical damage caused by the traffic accident occurred at the time of the instant case, the defendant supports the father of the aged, and the location where to raise the child support for two children.
However, the crime of this case was committed in the past by the defendant who was punished several times due to drinking and unlicensed driving (three times of imprisonment, one time of suspended sentence of imprisonment, and six times of fine) but the case was not less narrowly. The defendant was discovered by causing a traffic accident while driving without a license at the time of this case. In particular, the defendant was punished by a fine even though he was driving without a license at September 2009 during the repeated period. On April 1, 2014, when he was discovered while driving under the influence of alcohol at around January 201, and was discovered while driving under the influence of alcohol at the Changwon District Court, the Changwon District Court notified the defendant of a summary order of KRW 7 million due to the violation of the Road Traffic Act in the past, and it was difficult to expect the defendant to be punished for the crime of this case without a license, and considering the above records of the defendant's past force, the circumstances leading up to the crime of this case and the reason why the court below sentenced the defendant to the punishment of the crime of this case.
3. As a result, the prosecutor’s appeal of this case is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act.