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(영문) 춘천지방법원 강릉지원 2017.07.06 2017노193

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 judgment of the defendant is recognized that the defendant reflects the nature of the defendant, that the defendant supports the wife with a disability of the third degree with a disability and his/her father, and that the economic situation of the defendant is difficult.

However, in full view of the fact that the Defendant had been punished several times for the same crime, and that the Defendant committed the instant crime without being aware of it during the period of probation due to the violation of the Road Traffic Act (drinking), and other various sentencing conditions as shown in the pleadings of the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too large.

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.