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. The judgment of the Defendant has the record of being punished several times for drunk driving or unlicensed driving (two times of suspension of execution of sentence, five times of fines), and the necessity of strictly punishing the Defendant by committing the instant crime is recognized even when the Defendant committed the instant crime even though he was under suspension of execution after he was sentenced to two years of suspension of execution for drinking driving by the Daegu District Court on July 8, 2014.
However, the defendant has no record of punishment exceeding the suspended sentence, and has not committed the crime of this case in depth and has not committed the crime of this case.
The crime of this case is a simple driving without license, and it is also recognized that the distance of driving is not 50 meters.
The defendant is most likely to support his or her wife and child, and it seems that he or she has an opportunity to sufficiently reflect his or her family life through approximately two months of detention.
In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence imposed by the court below is unfair.
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.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, which choose the penalty for a crime;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;