도로교통법위반(무면허운전)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.
2. In the past, the Defendant has been punished several times due to a violation of the Road Traffic Act (one time a suspended sentence of imprisonment, five times a fine) or a violation of the Road Traffic Act (one time a suspended sentence of imprisonment), and in particular, on January 10, 2013, the Defendant was sentenced to two years of suspended sentence for one year of imprisonment with prison labor for a violation of the Road Traffic Act (one year a suspended sentence of imprisonment with prison labor) in the Changwon District Court Branch of Changwon District on January 18, 2013, and again committed the instant crime while the said judgment became final and conclusive on January 18, 2013, which again was disadvantageous to
However, in full view of all the circumstances that are favorable to the defendant, such as the defendant's favorable circumstances, character, and environment, the background and result of the crime of this case, the circumstances after the crime of this case, etc., and the sentencing conditions specified in the records and arguments are considered unfair since the sentence of this case is somewhat unreasonable, considering the following circumstances: (a) the defendant's act of driving without a license does not cause traffic accidents due to the driving of this case; and (b) if the defendant is sentenced to a punishment of this case, the suspension of execution should be invalidated and a considerable period of time; and (c) the defendant's act of driving without a license (the defendant acquired a driver's license, but was revoked on December 25, 201) is somewhat harsh compared to the danger of the act of driving without a license of this case.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.