도로교통법위반(무면허운전)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. Circumstances favorable to the defendant are as follows.
The Defendant recognized the instant crime and runs against the Defendant.
There are family members in need of support for the accused.
The defendants are faced with economic difficulties.
Circumstances unfavorable to the defendant are as follows:
On February 12, 2016, the Defendant was sentenced to a suspended sentence of two years on August 2, 201, due to a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving), and committed again the instant crime on the 20th of the same month after the suspended sentence became final and conclusive.
Even in 2008, the Defendant was punished by a fine for one time due to drinking driving, driving of drinking, and driving without a license, and was punished by a fine once in 2009 for the same kind of traffic-related crimes, such as being punished by a fine on one occasion due to a non-licenseing driving in 2009.
In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment cannot be deemed to be unduly unreasonable.
Defendant’s assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.