beta
(영문) 수원지방법원 2017.05.26 2017노1989

도로교통법위반(무면허운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant's mistake was recognized and reflected, and that the victims and the defendant agreed smoothly.

However, the fact that the defendant has been punished several times due to traffic-related crimes, such as drinking without a license, and in particular, the fact that the defendant committed each of the crimes of this case during the period of repeated crime is disadvantageous to the defendant.

When comprehensively considering the above circumstances and the overall sentencing conditions of Article 51 of the Criminal Act, which were revealed in the records and changes of the instant case, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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.

참조조문