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(영문) 의정부지방법원 2015.09.22 2015노2099

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to six months) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant confessions and reflects the instant crime, and that the former suspended sentence is highly likely to be invalidated after the judgment of the court below becomes final and conclusive.

B. However, the above judgment became final and conclusive on December 13, 2014, on the grounds that the Defendant was sentenced to one year of imprisonment for drinking and driving without a license on December 5, 2014, which was sentenced to one year of suspension of the execution of the sentence, and two years of suspension of the execution of the sentence on December 13, 2014. In addition, the Defendant committed the instant crime at the same time during the suspension of the execution of the sentence, and there was a record of serving five times of fines due to drinking and driving without a license, and other various circumstances that are the conditions for sentencing as indicated in the instant pleadings, including the Defendant’s age, details of the crime, and circumstances after the crime, even if considering the favorable circumstances of the Defendant

C. Therefore, the defendant's above assertion is without merit.

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.