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(영문) 대전지방법원 2019.10.16 2019노2296

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The fact that the judgment is against the defendant when the defendant was committed is favorable to the defendant.

The fact that the defendant has been punished for multiple drivings without a driver's license, driving without a license, etc., driving by short-term repeating with an known attitude, and the fact that the defendant committed the crime during the period of suspension of execution is disadvantageous to the defendant.

In full view of the aforementioned circumstances and other factors, including the motive, means, and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.