beta
(영문) 수원지방법원 2016.10.28 2016노6336

자동차손해배상보장법위반등

Text

The defendant's appeal is dismissed.

Reasons

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

2. It is true that there are conditions for sentencing favorable to the defendant, such as the fact that the defendant recognized all of the crimes in this case and reflected therein.

However, in full view of the following circumstances: (a) the Defendant was sentenced to criminal punishment on several occasions, including the fact that the quality of the crime is not less severe by driving a vehicle without a driver’s license; (b) the history of punishment for driving under influence and without a driver’s license; and (c) the Defendant was sentenced to imprisonment for six months on August 26, 2015 by causing a traffic accident while driving a vehicle without a driver’s license; and (d) committed the instant crime during the period of repeated crime for which one month has not passed since the execution of the sentence was completed on June 19, 2016; and (e) other various circumstances, including the Defendant’s age, character and behavior, environment, family relationship, circumstances after the crime, etc., the lower court’s sentence is too unreasonable. Therefore, the Defendant and his defense counsel’s allegation of unfair sentencing is not acceptable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.