도로교통법위반(무면허운전)
The defendant's appeal is dismissed.
1. The sentence of the lower court (six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. The Defendant sold a passenger car after committing the instant crime.
There is no good defendant's health condition and there is a family to support the defendant.
However, the defendant has already been punished 13 times only for traffic crimes, and in particular, four times of punishment due to driving without a license, and one time of punishment.
In addition, the Defendant was sentenced to a suspended sentence due to drinking or non-licensed driving, and the Defendant did not have any other mind to commit the instant crime again at least two months after he/she was sentenced to a suspended sentence.
In full view of the above circumstances and other circumstances, such as the defendant's age, sex, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, it cannot be deemed unfair because the sentence of the court below is too too unreasonable. Thus, 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.