도로교통법위반(무면허운전)등
The defendant's appeal is dismissed.
1. The sentence (6 months of imprisonment and fine of 300,000 won) pronounced by the court below on the gist of the grounds of appeal is too unreasonable.
2. The sentencing factors favorable to the defendant are the fact that the defendant recognized his mistake and against himself, and there are family members to support.
However, there are many criminal records such as juvenile protective disposition five times due to driving without a license, criminal punishment four times due to driving without license, and criminal punishment two times due to driving without license. On May 7, 2015, the Defendant was sentenced to imprisonment without prison labor for six months, suspension of execution two years, fine of three hundred thousand won, and lecture attendance order for crimes such as violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Operation without License on May 7, 2015, and the Defendant was sentenced to a fine of one million won prior to the sentence of the above suspended sentence on June 30, 2015.
In addition, considering various sentencing conditions in the instant case, such as the Defendant’s age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, and circumstances after the commission of the crime, the sentence imposed by the lower court does not seem to be unfair because it is appropriate and too unreasonable.
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.