beta
(영문) 수원지방법원 2018.02.14 2017노9561

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. The defendant would not drive without a license again.

The circumstances, etc. are recognized.

However, the defendant had six previous years of traffic only after 2010 (five previous years of driving without a license) and, in particular, the defendant was sentenced to two years of probation on May 24, 2017 due to a violation of the Road Traffic Act (toxicing) and a violation of the Road Traffic Act (non-licenseing), and was sentenced to two years of probation on June 1, 2017, and the decision became final and conclusive on June 1, 2017, again committed the crime without a license in this case during the period of probation for three months after the final and conclusive date. Since traffic-related crimes, such as non-licenseing, may cause significant harm to unspecified people, the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the defendant's assertion is without merit, and thus, is not recognized to be unfair since the sentence of the court below is too unreasonable.

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