도로교통법위반(무면허운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is unreasonable because the sentence of the lower court (a fine of four million won) is too unhued.
2. The judgment is favorable to the defendant, such as the fact that the defendant recognized his crime and reflecteds the mistake, the fact that the defendant sold the motor vehicle of this case after driving without a license for drinking alcohol of this case, and the fact that the defendant's will want to find the defendant's wife.
On the other hand, the Defendant had been punished several occasions prior to each of the instant crimes, such as drinking driving, etc., and in particular, even if he/she was punished on July 4, 2012 and on July 20, 2012 by a fine due to drinking driving, etc. on two occasions, he/she was sentenced to a fine for driving without a license for drinking, etc., for a long time.
These circumstances are disadvantageous to the defendant.
In addition to this point, in full view of various circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., it is recognized that the court below's sentence of the fine to the defendant is too uneasible and unreasonable.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of imprisonment with prison labor chosen;
1. Discretionary mitigation and mitigation of the Criminal Code Article 53 and Article 55(1)3(3) of the Criminal Code (see, e.g., the favorable circumstances in the preceding).