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(영문) 의정부지방법원 2018.09.17 2018노1974

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 months of imprisonment) is too unreasonable.

2. The fact that the defendant recognized the instant crime and reflected in the judgment is favorable.

However, in full view of all other circumstances, including the defendant's age, sexual conduct, environment, health conditions, circumstances after the crime, etc., the sentence of the court below is deemed to be proper, and it does not seem to be unfair because it seems that the defendant's punishment is too unreasonable, and the defendant's unfair argument on the sentencing of this case is not reasonable, on the grounds that the defendant's punishment is not too unreasonable, because the defendant's punishment was imposed for a violation of the Road Traffic Act (non-licenseless driving) was 15 times including four times of punishment. In particular, the defendant's argument on the sentencing of this case is without merit, in light of the fact that the defendant's crime of this case is committed during the repeated period due to a violation of the Road Traffic Act (non-licenseless driving).

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.