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(영문) 부산지방법원 2016.09.29 2016노2678

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The Defendant, after the revocation of a driver’s license on 192, was driving without obtaining a license again and was punished seven times or more for driving without license. In particular, on October 27, 2015, the Defendant was sentenced to two years of imprisonment for the same kind of crime at the Busan District Court, but did not engage in the instant non-exclusive license again during the suspension period. The Defendant seems to have significantly lack compliance awareness with the road traffic-related laws and regulations, and the Defendant was going to leave the site without taking any measures, and there is no change of circumstances to consider the sentencing after the pronouncement of the lower judgment, and in light of all the sentencing factors indicated in the records and theories of the instant case, such as the Defendant’s age, sex, environment, circumstance of the instant crime, circumstance of the instant crime, etc., the Defendant appears to have committed the instant crime, and the Defendant’s health was favorable to the Defendant, the lower court cannot be deemed to have rendered unfair rulings.

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. It is so decided as per Disposition, since the defendant's appeal is without merit.