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(영문) 서울고등법원 2014.04.25 2014노567

도로교통법위반(무면허운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The court below's punishment (the fine of 3 million won and the imprisonment of 10 million won) against the defendant in summary of the grounds for appeal is too unreasonable.

2. Determination

A. A normal situation favorable to the defendant: ① A defendant married with a female of Chinese nationality on October 2012; the wife is the most likely to support his or her mother and his or her mother in China; ② A traffic accident was not occurred or caused; ③ A person was discovered while driving without a license or driving under drinking on December 28, 2012; on February 17, 2013, he or she tried to do so as to be E; (i) he or she was made a call with a police officer belonging to the Seongdong-dong Police Station in Seoul, Sungdong-gu, Seoul and tried to commit an offense; (ii) the representative and his fees were married with his or her wife in Seongdong-gu, Seoul before detention from February 201; and (iii) the fact that he or she was able to repent his or her wrong life through detention; and (iv) the fact that his or her name and her wife are against the defendant’s depth of his or her wrong behavior.

B. On May 16, 2008, the Defendant was sentenced to a summary order of KRW 2,500,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on April 6, 2009, and KRW 2,500,000 as a result of the same crime and the violation of the Act on the Special Cases concerning the Settlement of Traffic Accidents. In addition, the Defendant was indicted on March 26, 201 on April 27, 201 (Seoul Northern District Court 201Dadan872). In addition, the Defendant was charged with a fine of KRW 2,00,00 for a violation of the Road Traffic Act (driving) and was indicted for a violation of the Road Traffic Act, and the Defendant was again sentenced to a fine of KRW 2,50,00 on April 6, 200 for a violation of the Road Traffic Act (hereinafter referred to as Seoul Northern District Court 201, May 27, 2012).