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(영문) 광주지방법원 2020.07.22 2020노1119

도로교통법위반(무면허운전)

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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. The judgment of the Defendant shows the form of recognizing and reflecting the crime, and there is a family member to support the crime.

However, the defendant had a record of punishment several times due to drinking driving and driving without a license, and re-driving without a license during the suspension period of execution due to drinking and driving without a license.

In particular, the defendant, after being sentenced to the suspended sentence, was driving without a license and was under trial.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means, consequence, etc. as shown in the records and pleadings, the sentence of the lower court is only within the reasonable scope of discretion, and it is difficult to view that it is unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

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