도로교통법위반(무면허운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. The judgment of the court below is that each of the crimes of this case is driving a motor vehicle without a driver's license, even though the defendant had already driven a motor vehicle twice or more times, with a blood alcohol concentration of 0.236% and 0.168% under the influence of alcohol, and the case is not easy. The drinking driving is a crime that may threaten the life and body of others as well as himself/herself, and there is a need for strict punishment in accordance with the purport of the amended Road Traffic Act. The occurrence of each of the crimes of this case and the traffic accident by driving without a driver's license occurs, and the defendant has been punished several times in the past due to the violation of the Road Traffic Act (one-time suspension of execution of imprisonment and four times of fines) and the violation of the Road Traffic Act (4 times of fines).
However, in full view of all the circumstances favorable to the defendant, such as the confession of each of the crimes in this case, and the fact that the defendant was suffering from injury, such as a closed eye and pelpelle on January 22, 2013, and the fact that the defendant was suffering from illness due to legacy on January 22, 2013, and that the defendant is in the position to support his wife and two children, etc., the circumstances and results of each of the crimes in this case, the circumstances and results of each of the crimes in this case, as well as the conditions for sentencing as shown in the records and arguments, the punishment imposed by the court below is deemed to be somewhat unreasonable, and therefore the defendant's above assertion is reasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is so decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
The laws and regulations;