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(영문) 대구지방법원 2018.02.08 2017노5706

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (4 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant is against his will to recognize a mistake, and is going against his will not repeat again.

However, the defendant had already been punished twice due to driving without a license, and in particular, even though he had already been sentenced to a fine due to driving without a license during the suspension period of imprisonment due to driving without a license, he/she had already been sentenced to a fine on April 7, 2017, and he/she had been sentenced to a license without a license again on June 13, 2017. In addition, the degree of criticism is high in that he/she had been sentenced to a trial on the above case, again driving without a license again on June 13, 2017.

In light of the above circumstances and other conditions of sentencing indicated in the records, such as Defendant’s age, sexual conduct, environment, and circumstances after the crime, and the circumstances after the crime, where there is no change in the conditions of sentencing compared to the first instance court and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), the lower court’s punishment is too unreasonable as it is too unreasonable.

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