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(영문) 춘천지방법원 2013.12.18 2013노694

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court against the Defendant is too unreasonable.

2. Although there are extenuating circumstances, such as the fact that the defendant's mistake is divided and reflected in the judgment, and when the imprisonment of this case is finalized, the sentence of the court below is too unreasonable since the sentence of the defendant is invalidated and the defendant must serve in prison (four months of imprisonment). However, these circumstances appear to have been considered all in the court below, and there are no changes in circumstances at the court below, and there are several times in the case where the defendant was punished for the same kind of crime, and the defendant committed the crime of this case without being aware of the past crime even though he was under the probation period due to the same crime. In addition, considering the motive and background leading up to the crime of this case, the situation after the crime of this case, the age, character and conduct, and the environment of the defendant, the sentence of the court below is too unreasonable. Thus, the above argument of the defendant is groundless.

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