도로교통법위반(무면허운전)
The defendant's appeal is dismissed.
1. The sentence of the court below (4 months of imprisonment) on the summary of the reasons for appeal is too unreasonable.
2. The Defendant recognizes and reflects a crime.
However, the Defendant had been punished several times for the same crime, such as drinking and non-licensed driving, and in particular, on November 12, 2015, the Defendant was sentenced to a two-year suspended sentence for six months of imprisonment with prison labor on the grounds of drinking or non-licensed driving, and was not sentenced to a two-year suspended sentence on the grounds of the two-year suspended sentence on November 12, 2015, and therefore, it was not good for the Defendant to have committed the instant crime again during the suspended sentence period.
In addition, in full view of all other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, the sentence of the lower court cannot be deemed to be unfair because it is too large. Therefore, the Defendant’s assertion is without merit.
3. 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.