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(영문) 대구지방법원 2017.10.12 2017노1657

도로교통법위반(무면허운전)등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the sentence of two years of suspended execution in six months of imprisonment, community service 40 hours, compliance driving lecture 40 hours) is too unreasonable.

2. It is recognized that the Defendant was not guilty in addition to the fine, because the Defendant’s perception of the crime reflects the wrongness while committing the crime, the blood alcohol concentration at the time of committing the crime is not high, the driving distance is relatively short, and the Defendant was not guilty.

However, despite the fact that the Defendant had already been punished on three occasions due to drinking driving and two times due to driving without a license, there is a large degree of criticism in that the Defendant committed the instant crime.

In full view of the aforementioned circumstances, the background and background of the crime, the conditions of sentencing as shown in the records and arguments, including the character and conduct, the environment, etc. of the defendant, and the circumstances of sentencing compared to the first instance court, where there is no change in the conditions of sentencing and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), etc., the lower court’s punishment is too unreasonable.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.