도로교통법위반(무면허운전)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
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 was examined, and the defendant had been punished several times for the same kind of crime, and committed the crime of this case during the period of probation.
At the time of the judgment of the previous suspension of execution, the defendant showed a sincere appearance, such as not attending several times without permission.
However, the defendant reflects his mistake in depth through confinement life for more than three months.
In this case, the distance of the defendant's unlicensed driving is about about 20 meters.
The defendant has a high school student's child who should support as the most parents of Korea's family, and the parents of the defendant seems to be in need of care of the defendant as the elderly.
In full view of the motive and circumstances leading up to the instant crime, circumstances before and after the instant crime, Defendant’s age, character and conduct, etc., and the sentencing grounds indicated in the instant arguments and records, the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.
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.
[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a sentence, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and selection of fines, respectively;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 70(1) and 69(2)1.