도로교통법위반(무면허운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for seven months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the reasons for appeal (seven months of imprisonment) is too unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
The Defendant was sentenced to a fine of KRW 7 million on May 16, 2007, a fine of KRW 1 million on July 23, 2007, a fine of KRW 1 million on August 1, 2007, a fine of KRW 1 million on December 4, 2007, a fine of KRW 1 million on December 14, 2007, and the Defendant was sentenced to a violation of the Road Traffic Act (unlicensed Driving) and a violation of the Road Traffic Act (Refusal to measure drinking), and was sentenced to a criminal offense of KRW 7 million on August 14, 2013.
Circumstances favorable to the defendant shall be as follows:
The defendant is detained, and confessions of the crime of this case, and is in depth against his depth.
There is no criminal record exceeding a fine, and from October 23, 2013, the day of the instant crime, the Defendant seems to have committed the same crime until now.
After committing the crime, the Defendant disposed of the automobile.
The defendant shall support his wife with poor mobility.
The defendant has a disability in communication with his/her speech.
In addition, in full view of the defendant's age, sex, motive and background of the crime, means and consequence, circumstances after the crime, crime records, and all of the sentencing conditions shown in the arguments and records, the sentence of the court below is too unreasonable.
Defendant’s assertion is with merit.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
【Re-written judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (the act of refusing to measure drinking);
1. Imprisonment with prison labor chosen;