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(영문) 대구지방법원 2019.01.18 2018노3851

도로교통법위반(무면허운전)

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three months of imprisonment) is too unreasonable.

2. It is recognized that the defendant recognized his mistake and reflects his mistake, disposes of his vehicle, and commits recidivism, there are family members to support, and there are no criminal records.

However, it is also recognized that the defendant has already been subject to criminal punishment three times due to the same violation of the Road Traffic Act (unlicensed Driving) and that the defendant has already been driving without the license in this case during the suspension period due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

In addition, in full view of various circumstances, such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable.

3. In conclusion, 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.