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(영문) 창원지방법원 2013.10.04 2013노1384

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant does not repeat a crime in the future, that the defendant voluntarily cancelled the C Poter's freight vehicle operated by the defendant on March 2, 2012, and that the defendant supports his wife and children, the punishment (4 months of imprisonment with prison labor for the second crime in the original judgment) sentenced by the court below is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, the Defendant had been punished several times (three times a fine and two times a suspended sentence of imprisonment) due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, a violation of the Road Traffic Act, or a violation of the Road Traffic Act (unlicensed Driving) in the past. In particular, even though the Defendant had been under control on March 23, 2011, the Defendant still repeated without a license on April 2, 201. On May 17, 2011, the Defendant had no further repeated driving on April 2, 201, and on March 23, 2011, it was difficult to expect that the Defendant had a suspended sentence of four months after being sentenced to a suspended sentence on May 25, 2011, and the Defendant had no further been subject to a suspended sentence on March 23, 2011, considering the following circumstances, the Defendant’s remaining grounds and the Defendant’s remaining grounds for the Defendant’s non-exclusive driving, etc.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.