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(영문) 서울중앙지방법원 2018.09.13 2018노1944

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the various circumstances of this case, the sentence imposed by the court below (4 months of imprisonment) is too unreasonable.

2. The judgment of the court below was examined, and the defendant did not again commit the crime of this case when he violated the crime of this case.

It is true that there is a difference in the situation.

However, in 209, the Defendant committed the instant crime even though he/she was sentenced to a suspended sentence due to drinking alcohol driving again in 2016 and was sentenced to a suspended sentence due to his/her refusal to take measurements of drinking in 2014. Moreover, even if he/she was sentenced to a fine due to a driver without a license in 2016 during the suspended sentence period, the Defendant’s sentence is inevitable in light of the following circumstances: (a) considering the Defendant’s age, sex, occupation and environment, and the motive and circumstance leading to the instant crime; and (b) the circumstances leading to the instant crime before and after the instant crime; and (c) taking into account all other various circumstances, the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s aforementioned 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.