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(영문) 광주지방법원 2020.07.21 2020노954

도로교통법위반(무면허운전)

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) of the lower court is too unreasonable.

2. Determination factors are sentencing factors favorable to the defendant, such as the fact that the defendant recognized the driving without a license in this case, and the defendant applied for and passed the written examination to obtain the driver's license again.

On the other hand, the defendant has been guilty of driving without a license three times, and among them, he has been sentenced to a punishment together with a drunk driving, and the fact that he committed the crime of this case during the period of repeated crime is an element of sentencing unfavorable to the defendant.

In addition, the lower court did not change the sentencing conditions that may be newly considered in this court compared to the lower court, comprehensively taking into account the above factors of sentencing.

In addition, considering the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.