beta
(영문) 광주지방법원 2019.05.14 2019노563

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. It is true that the judgment defendant recognized the crime of this case, and there are some exceptional circumstances related to the defendant's unlicensed driving.

However, the defendant has been punished several times for the violation of the Road Traffic Act in the past, and the driver's license has been revoked thereafter, and there is a record of being punished twice for the same crime as this case, such as the suspension of the execution of imprisonment and the probation order for the violation of the Road Traffic Act.

Inasmuch as the Defendant committed the instant crime during the period of suspension of execution, it is difficult to avoid severe punishment.

The court below determined the defendant's punishment by taking into account all the conditions of sentencing favorable to the defendant as seen earlier, and there is no change in the sentencing conditions that can be newly considered in the trial compared with the court below.

In addition, considering the Defendant’s age, character and conduct, criminal records, family relations, motive and circumstances leading to the instant crime, and the circumstances after the instant crime, the lower court’s punishment is only within the reasonable scope of discretion and is not deemed unreasonable because it is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.