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(영문) 수원지방법원 2016.08.10 2016노3549

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (4 months of imprisonment) on the summary of the reasons for appeal is too unreasonable.

2. However, the defendant recognized and reflected the crime.

The defendant has family members to be supported by the family members to be supported.

The distance of the defendant's driving is relatively short.

As such, there is a strong extenuating circumstance for the Defendant to be considered favorable to the Defendant. However, in 2012, the Defendant was punished by a fine of one million won due to drinking driving, and in 2014, was sentenced to imprisonment for 6 months and 2 years of suspended execution due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Epiking Vehicles).

Nevertheless, even though the Defendant was sentenced to a fine of KRW 9 million by driving under drinking or non-license during the period of the above suspension of execution without being aware of, and had already been sentenced to a fine of KRW 9 million, the Defendant did not appear to have committed the instant crime during the suspension of execution.

As such, there is a person who is disadvantageous to the defendant.

In addition, in full view of all other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, the sentence of the lower court cannot be deemed to be unfair because it is too large. Therefore, the Defendant’s assertion is without merit.

3. 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.