도로교통법위반(무면허운전)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. The fact that the Defendant recognized a mistake and reflects the fact that there are some circumstances to consider the background of the instant crime, etc. are favorable to the Defendant.
On the other hand, the defendant has been subject to criminal punishment on several occasions, including suspended execution, due to the same crime.
B. Along with the fact that A, during the suspension of execution, again committed the instant crime, even if he/she was punished by a fine on one occasion, he/she again committed the instant crime. Therefore, it is difficult to arrange for the Defendant.
In addition, considering the age, character and environment of the defendant and the circumstances before and after the crime, various sentencing conditions as shown in the records and arguments, the sentence of the court below against the defendant is too unreasonable.
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. It is so decided as per Disposition.