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(영문) 수원지방법원 2017.09.06 2017노4614

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 has been punished five times in total due to the violation of the Road Traffic Act (unlicensed driving) and has been charged with several traffic offenses.

B. On April 15, 2016, the Defendant was sentenced to a suspended sentence of one year to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Death or Injury) and a violation of the Road Traffic Act (Drinking) at the Suwon District Court (Seoul High Court 2016 Height 259), and the prosecutor appealed against the decision to dismiss the appeal on October 14, 2016, and the decision became final and conclusive on October 22, 2016. On August 25, 2016, the Defendant was sentenced to a suspended license of driving without a license on August 24, 2016, and was sentenced to a fine of 300,000 won on November 24, 2016, and was still sentenced to a fine of 300,000 won on June 16, 201, and was still sentenced to a fine of 300,000 won on June 21, 2016.

Nevertheless, on February 26, 2017, the Defendant, without being able to do so, once again drive the instant non-exclusive license.

In addition, comprehensively taking account of the Defendant’s age, gender and family environment, motive, means, and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

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.