도로교통법위반(무면허운전)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.
2. The defendant argues that he/she will reflect on the crime and will not drive without obtaining a license again;
It is favorable to the defendant.
On the other hand, the following is disadvantageous.
The defendant has already been subject to criminal punishment on a one-time basis due to driving without a license, and accordingly, he/she did not know about the period of repeated crime and re-driving without a license.
It is necessary to strictly punish the defendant in light of the defendant's non-licensed driving habits and the attitude of law-abiding consciousness.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.
3. In conclusion, 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.