도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The grounds for appeal (unfair sentencing) are too unfilled and unfair. The sentence of the lower court (3 million won in penalty) is deemed unreasonable.
2. In full view of the facts of the crime in this case and the sentencing reasons indicated in the record, such as the following facts: (i) the defendant was sentenced to a fine of the same kind, (ii) the defendant was sentenced three times to a fine of the same kind, (iii) the defendant was sentenced to a fine of the same kind, (iv) the suspension of the execution of a sentence of the imprisonment of the same kind, and (v) the defendant was sentenced to a fine of the fine of the imprisonment of the same kind, and (v) the defendant was sentenced to a fine of the imprisonment of the same kind, and (v) the defendant was already found to have no special preventive effect on the same crime; and (v) the defendant did not have a motor vehicle driver's license, even if considering the defendant's age, occupation, family relationship, and reflectivity
3. In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is decided after pleading.
【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure
Application of Statutes
1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act selected as a penalty.
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing in Article 62-2 of the Criminal Act, along with the reasons for sentencing in the above Article 62-2 of the Criminal Act, was taken into account the statement and attitude of attendance during the investigation and trial.