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(영문) 춘천지방법원 강릉지원 2018.03.29 2016노409

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (three months of imprisonment) is too unreasonable.

2. The judgment defendant has already been subject to punishment for the same kind of crime, and in particular, the defendant again committed the crime of this case without being able to do so during the suspension period of execution due to the same kind of crime.

Although the defendant is both aware of and against all of his criminal acts, it is going against that the defendant will not repeat the crime in the future.

However, considering the circumstances in which the same crime is repeated, and the fact that the whereabouts of the defendant is unknown until now after the release as a ruling of revocation of detention by this court, it is not good that the defendant is subject to punishment corresponding to that of the crime.

In addition, considering the various sentencing conditions shown in the records and arguments, such as the defendant's age, sex, environment, and circumstances before and after the crime, the sentence against the defendant is too unreasonable.

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.