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(영문) 청주지방법원 2016.12.02 2016노1080

도로교통법위반(무면허운전)

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The defendant's appeal is dismissed.

Reasons

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

2. The lower court determined the Defendant’s punishment by taking account of the following circumstances confirmed through the entire records and the purport of the pleading.

The favorable circumstances: The defendant's act is against the defendant's recognition of the crime of this case: The defendant was sentenced to 10 months of imprisonment on April 6, 2016 for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) and 2 years of probation, and the judgment became final and conclusive on the 15th day of the same month, the defendant committed a crime listed in paragraph (1) of the criminal facts in the judgment, which has not been long passed since he committed a crime listed in paragraph (2) of the crime in the judgment of this case, and it is judged that the liability for the crime is heavy, and that the risk of recidivism is high due to the lack of any change in the sentencing conditions compared with the judgment of the court of the court, and even considering other matters as well as the statutory penalty as the conditions of the sentencing, there is no reason to view that the judgment of the court below exceeded a reasonable limit of discretion, or that maintaining the sentencing as it is unfair.

Therefore, we cannot accept the defendant's argument during the sentencing.

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.