도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.
2. The Defendant asserts to the effect that he was driving without a license for living, such as the following facts: (a) the Defendant’s confession and reflects the criminal facts; (b) the Defendant did not cause other damage, such as traffic accidents; (c) there was no criminal history exceeding the suspension of the execution; and (d) the Defendant was driving without a license for living; and (c) there appears to be some extenuating circumstances in light of the circumstances alleged by the Defendant.
On the other hand, the defendant had been sentenced to a total of four times of a fine for driving without a license during the period from 2011 to 2015, and in particular, the defendant was sentenced to two years of a suspended sentence in 2014, which was sentenced to two years of a suspended sentence, and was sentenced to each fine on the crime of driving without a license during the same period of the suspended sentence, and committed the crime of driving without a license during the same period of the suspended sentence (However, the current period of the suspended sentence was too excessive), and there is sufficient need to punish the defendant with severe punishment.
In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, environment, character and conduct, motive of the crime, and circumstances before and after the crime, etc., the sentence of the lower court is too uneasible and unfair.
3. If so, the prosecutor's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Criminal Facts, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;
1. Article 62 of the Criminal Act: