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(영문) 창원지방법원 2021.01.14 2020노2407

도로교통법위반(무면허운전)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. On the part of the judgment prosecutor and the defendant's unfair argument of sentencing, the defendant was sentenced to a fine four times by driving without a license, the suspended sentence of imprisonment once, the crime of this case was committed during the suspended sentence due to drinking and driving without a license, and the crime was committed on February 27, 2020 by driving without a license again after being prosecuted for driving without a license, and requesting B to make a false statement in order to conceal the fact, etc., which are disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime and reflects the fact that there is no criminal record, that there is no old age and health status are not good, etc. are favorable to the defendant.

In full view of such circumstances as the Defendant’s character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentencing of the lower court does not seem to be excessively light or heavier than that of the reasonable discretion.

Therefore, the defendant's argument of sentencing is not accepted.

3. If so, the appeal by the prosecutor and the defendant 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.