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(영문) 창원지방법원 2021.02.04 2020노2983

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

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

2. Determination is short of the distance driven by the Defendant at the time of the instant crime, and the fact that the Defendant seriously reflects the instant crime may be considered as favorable circumstances to the Defendant.

However, the defendant has already been punished on several occasions or without a license, and the period of suspension of execution for the same crime has expired, and re-offending is limited to three months.

The driver's license was revoked on December 2013 due to drinking driving again.

At the time of the instant crime, a person was driving alcohol while drinking, but was not prosecuted due to the calculation below the standard value of punishment.

As above, the lower court appears to have determined the punishment within the reasonable scope of discretion by fully taking into account the favorable or unfavorable circumstances to the Defendant, and there is no special change in circumstances that could change the sentencing after the lower judgment.

In addition, examining the following conditions of sentencing, such as the defendant's age, sex, environment, circumstances after the crime, circumstances after the crime, and records of the crime, etc., the sentence of the court below 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.