도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than five months.
1. Summary of grounds for appeal;
A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. In light of the fact that the defendant, who had the record of criminal punishment several times due to the violation of the Road Traffic Act due to the non-licenseless driving of alcohol without permission, has repeatedly committed the crime of the non-licenseless driving of this case without permission without permission even though he/she had been prosecuted for the preceding crime, and the risk of recidivism such as reduction of non-licenseless driving even though he/she continued to be tried due to the previous crime, etc., as stated in the judgment of the court below on the grounds of the sentencing, it is necessary to punish the defendant.
However, considering the Defendant’s age, occupation, character and conduct, family relation, motive and circumstance of the crime, means and method of the crime, and all the sentencing conditions specified in the records and arguments of this case, the sentence of the lower court is too weak, taking into account the following factors: (a) the Defendant committed all the crimes in this case; and (b) the circumstances leading up to the unlicensed driving; and (c) the mere driving of this case is mere mere mere driving; and (d) the possibility that the sentence of suspended execution, which was sentenced on August 16, 2018 by the crime of the Road Traffic Act, may be invalidated; and (b) the Defendant may be somewhat harsh in light of the contents of the Defendant’s crime; and (c) the Defendant’s age, occupation, character and conduct, family relation, and family relation, and the circumstances after the crime, etc.
It is rather unreasonable rather than it is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is delivered
(In a case where an appeal by the defendant is accepted and the judgment of the court below is reversed, the prosecutor's appeal shall not be dismissed).