도로교통법위반(무면허운전)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than five months) of the lower court is too unreasonable.
2. The determination of sentencing is based on the statutory penalty, with a discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on which our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area of the first instance trial regarding the
In addition, considering these circumstances and the ex post facto nature of the appellate court, it is reasonable to respect the sentencing conditions in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, even though the sentence of the first instance court is somewhat different from the opinion of the appellate court.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, based on its stated reasoning, sentenced the Defendant to the said punishment.
The circumstances cited by the defendant as the reasons for appeal are the factors that have already been determined by the original court and sufficiently taken into account, and there is no circumstance that can be specially considered in the trial, and there is no change in the conditions of sentencing.
Specifically, the defendant's mistake is recognized, and reflects the defendant's family members, and the defendant's family members want to take the action against the defendant.
There was no record that the defendant was punished for more than the suspended sentence of imprisonment, and there was no traffic accident while driving without a license.
These circumstances can be considered in light of the circumstances favorable to the defendant.
However, as the court below explained in detail, the defendant was sentenced to a suspended sentence of imprisonment with prison labor on the date of his escape while driving under the influence of alcohol in 2016.