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(영문) 서울북부지방법원 2018.06.08 2018노386

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 600,000) is too unreasonable.

2. Although the Defendant appears to reflect the confession of the instant crime while making a judgment, the instant crime is a case in which the Defendant driven a motor vehicle without a driver’s license, and suchless driving of a motor vehicle may cause danger to another person’s life, body, or property, and thus, is highly harmful to society.

The Defendant had been sentenced to 10 times of punishment and 17 times of fine, and 5 times of fine, which was punished by driving without a license since the 2000s, and even was prosecuted by driving without a license, and committed the instant crime again.

In full view of the above circumstances and other circumstances, the lower court’s punishment cannot be deemed to be unfair due to excessive circumstances, such as the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence, and the circumstances after the crime.

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.