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(영문) 의정부지방법원 2015.06.05 2014노2494

도로교통법위반(무면허운전)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unreasonable because of excessive negligence of KRW 2 million imposed by the court below. On the other hand, the prosecutor asserts that the court below's punishment is too uneasible and unreasonable.

2. The circumstances favorable to the pleadings of the instant case include: (a) the circumstance favorable to the pleadings of the instant case (such as the fact that the Defendant made a confession of the instant crime and made a statement that his mistake is divided in depth; (b) the economic situation as the visually impaired is not sufficient; (c) there is a family member; (d) disposal of the instant vehicle immediately after the instant crime; and (e) concurrent and concurrent cases with the case, such as the violation of the Road Traffic Act (unlicensed Driving) which became final and conclusive as stated in the first head of the relevant crime at the time of original adjudication; and (e) the circumstance and contents of the instant crime, which are likely to cause criticism without being aware of the fact that there are many records of punishment for the same or similar crime; and (e) the nature of the instant crime, considering the circumstances and contents of the instant crime, etc. leading to recidivism among criminal trials committed by the same kind of crime, etc.; and (e) the Defendant’s age, character and behavior, intelligence and environment as shown in the pleadings of the instant case; and (e) the Defendant’s assertion of unreasonable sentencing is deemed unreasonable or unreasonable.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.