도로교통법위반(무면허운전)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. Determination on the summary of the grounds for appeal 2. Determination on the following: ① the Defendant has been punished for traffic crimes, such as drinking driving and driving without a license, six times, and ② the Defendant committed a second-free driver’s license on the day on which he was sentenced to a two-year suspended sentence due to the lastlessless driving.
However, the Defendant is against the recognition of the instant crime, and ② the Defendant would not drive without a license in the future.
In short, the following are the circumstances that are favorable to the defendant: (a) scrapping of a vehicle owned by the person in question used for the instant crime; (b) a criminal record having a concurrent relation after Article 37 of the Criminal Act; (c) a criminal record having a concurrent relation; (d) the number of days of detention of the defendant in question seems to have more than two months, ⑤ a family member to support the defendant; and (vi) a family member with a social relationship of the defendant is relatively clear.
Considering the above circumstances and other circumstances, such as the Defendant’s age, sex, environment, background and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions specified in the instant records and arguments, the lower court’s punishment is excessively unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.
【Judgment to be used again] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is citing it as it is 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, the selection of punishment for a crime, and the selection of imprisonment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The observation of protection, orders to provide community service and attend lectures, Article 62-2(1) of the Criminal Act, protection, observation, etc.