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(영문) 창원지방법원 2018.09.13 2018노1852

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one month of imprisonment) is too unreasonable.

2. The lower court’s sentencing appears to have been determined by fully considering the various favorable circumstances against the Defendant, and there is no special circumstance to change the sentencing after the lower judgment.

Considering the fact that the defendant has been punished several times for the same crime, and that the defendant again committed the crime in this case without being aware of during the repeated crime period, that the defendant caused an accident while driving without a license, that the defendant is a person with a physical disability of class 2 and is a recipient of basic living for the disabled, the defendant's age, sex, environment, and circumstances after the crime, etc., the court's sentence against the defendant is too unreasonable.

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