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(영문) 서울동부지방법원 2014.10.17 2014노818

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (1.5 million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. Although there are some favorable circumstances for the defendant, such as the fact that the defendant was living in depth and reflects his mistake, the defendant's health conditions are not good due to urcology, etc., and her mother's constant urcology treatment seems to have difficulty in economic situation due to urcology, etc., considering such circumstances, the court below seems to have partially reduced the fine prescribed in the summary order by considering the above circumstances, and the defendant committed the crime of this case even though she was sentenced three times or more due to a licenseless driving for about five years, there is an unfavorable circumstance, such as the defendant's committing the crime of this case without being aware of the fact that she had committed the crime of this case. Considering the other similar case's motive, means and result, including equity in the criteria for dealing with the crime of this case, the circumstances after the crime, the defendant's age, character and conduct, intelligence and environment, the above argument by the court below cannot be accepted.

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