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 decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. While the Defendant had a number of records of punishment for driving without a license, the Defendant was driving in the state of a license without a license and committed the instant crime.
However, in full view of the following circumstances: (a) the Defendant recognized the facts charged and tried not to repeat the offense; (b) the first detention of the Defendant’s life is deemed to have an opportunity to reflect on the Defendant’s life through approximately three months of detention; (c) there are family members to support; and (d) the Defendant’s age, sex, occupation, environment, circumstances leading to the offense; and (e) circumstances leading to the sentencing indicated in the record, such as the circumstances after the commission of the offense, the lower court’s punishment is unreasonable.
3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting a crime;
1. Article 70(1) and Article 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;