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(영문) 창원지방법원 2016.03.03 2015노2817

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.

2. The fact that the defendant confessions criminal facts and reflects it is favorable for the defendant.

However, although the defendant was punished four times or more including one time of suspended execution due to driving without a license, and even if there were many other records of punishment due to driving without a license, it is inevitable to sentence the defendant as to the non-license since he was driving without a license during the period of suspended execution, even though he was punished due to a non-license for driving without a license during the period of suspended execution (former summary KRW 5 million).

In addition, in full view of the facts that the court below determined the punishment against the defendant by taking into account all the circumstances, and there is no special change in the trial at the time, and other various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex, motive of the crime, and circumstances before and after the crime, the court below's punishment is too unreasonable, and thus, the defendant's above assertion is without merit.

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