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(영문) 광주지방법원 2014.10.08 2014노1988

도로교통법위반(무면허운전)등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The fact that the defendant recognized his mistake and disposes of all the vehicles he owns and again does not drive without obtaining a license is favorable circumstances.

On the other hand, there are many criminal records of the defendant for the same kind of driving without a license, and on November 26, 2013, the crime of this case is committed during the suspension period of the execution of imprisonment with prison labor for not less than two years for the violation of the Road Traffic Act (unlicensed Driving).

In addition, in light of the fact that the statutory punishment is not an imprisonment with prison labor for the crime of forging or forging a private signature, and the crime of uttering of a false investigation or signature, the punishment of the court below is deemed to be too heavy or unreasonable since it is not deemed that the punishment of the court below is too excessive or unreasonable, in light of the circumstances of the crime in this case, the circumstances after the crime was committed, the age, character, and environment of the defendant

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.