도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is too unreasonable.
2. The judgment of the defendant has a total of three times of punishment due to driving without a license, and in particular, the fact that the defendant committed the crime of this case without being aware of the probation period due to driving without a license, is disadvantageous to the defendant.
However, there are circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant did not repeat the crime while disposing of the vehicle, that the distance of driving is relatively short and does not cause a traffic accident, and that the family and the branch of the defendant want to take a preference against the defendant.
Examining the aforementioned circumstances and the various conditions of sentencing as shown in the records and arguments of this case, such as equity with the sentencing of similar cases identical or similar to the defendant, the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, records of the crime, etc., it is deemed that the sentence of the court below is too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again ruled as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. In the part of judgment on the grounds for appeal of the reasons for sentencing under Article 152 subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the punishment shall be determined as per Disposition, comprehensively taking into account the various circumstances, conditions of sentencing, etc.