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(영문) 창원지방법원 2016.12.08 2016노1990

도로교통법위반(무면허운전)

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (for defendant B, 6 months of imprisonment, 2 years of suspended sentence, 5 million won of fine) declared by the court below to the Defendants is too unreasonable.

2. A favorable circumstance is that there is no record of punishment exceeding the suspension of execution on the sole basis of Defendant B’s without a license, and Defendant C has no record of punishment exceeding the same criminal record or fine.

On the other hand, Defendant B had been sentenced to a fine of one million won for driving without a license in 201, the violation of the Aggravated Punishment, etc. of Specific Crimes Act in 2012, and the 10-year imprisonment for driving without a license without a license in 2012, but had been sentenced to a suspended sentence of two years, and committed the crime without a license in this case. Furthermore, Defendant C asked Defendant C to conceal and flee the above crime, and Defendant C requested the exercise of state authority over investigation and trial, i.e., interference with criminal justice. Defendant C's act upon the request of pet, but Defendant C has instigated Co-defendant A to escape by making a false statement to the investigation agency in the first instance trial, and its nature is not good.

In addition, the lower court appears to have determined each punishment against the Defendants by taking into account the overall circumstances, and taking into account the various circumstances, including the Defendants’ age, environment, character and conduct, motive for committing the crime, and circumstances before and after the commission of the crime, it is not recognized that the lower court’s punishment against the Defendants is too unreasonable.

3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.