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(영문) 서울남부지방법원 2020.11.12 2020노375

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (six months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the following: (a) the Defendant was sentenced to multiple punishments including one punishment due to drunk driving and driving without a license; (b) the Defendant was sentenced to one year to imprisonment due to a crime of refusing to measure drinking; and (c) the Defendant again committed a crime during the period of repeated offense on August 1 and 8 months; and (d) the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; and (c) all of the sentencing conditions indicated in the instant pleadings, including the circumstances after the crime, etc., the Defendant’s family members wish to keep the Defendant’s wife at the trial; (d) the sentence imposed by the lower court is deemed appropriate and too unreasonable, and thus, the Defendant’s aforementioned assertion is without merit.

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