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 decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. The Defendant committed the instant crime without being aware of the fact that he/she had been sentenced to criminal punishment several times due to the same crime even before the instant crime was committed, and in particular, committed the instant crime without being aware of the fact that he/she had been sentenced to the suspended sentence of two years due to the crime of violating the Road Traffic Act (unlicensed driving).
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant had an opportunity to reflect the Defendant’s life in custody for more than two months after being detained in court at the time of sentencing; (c) the Defendant sold the vehicle operated by the Defendant and did not repeat again; (d) the Defendant’s wife wanted to have the Defendant’s wife; (b) the Defendant’s sentence was suspended, and there is a somewhat harsh aspect for the Defendant to have served the suspended sentence; and (c) the Defendant’s age, sex, environment, family relationship, circumstances after committing the instant crime, etc.; and (d) the Defendant’s sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant and his defense of the above unfair sentencing by the Defendant and his defense counsel are justified.
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 judgment below is reversed and it is again decided as follows
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are all the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;