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(영문) 부산지방법원 2017.12.15 2017노3889

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the defendant is recognized that the defendant led to the confession of the crime, and his mistake is divided, and there is no record of punishment.

However, the Defendant not only has the record of being punished several times due to drinking driving and driving without a license, but also committed the instant crime without being aware of the period of suspension of execution due to drinking driving and driving without a license, and the distance of driving without license is about 2 km, and the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions specified in the instant argument, such as the circumstances after the instant crime, are considered, it is not deemed unfair for the lower court to have imposed the sentence too too too.

Therefore, the defendant's assertion is without merit.

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