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(영문) 창원지방법원 2017.08.31 2017노1941

도로교통법위반(무면허운전)

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The defendant's appeal is dismissed.

Reasons

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

2. The fact that the Defendant recognizes and reflects the instant crime, and the Defendant is more vulnerable to the general public due to the paralysis of the lower half, and thus, there are some circumstances to consider the circumstances leading to the instant crime, etc. favorable to the Defendant.

However, the Defendant has been punished several times for traffic-related crimes including unlicensed driving. In particular, the Defendant was sentenced to imprisonment with prison labor for a year and six months on the grounds of driving without a license in 2013 and completed the enforcement of a sentence for a repeated crime in 2015, and was sentenced to a fine of KRW 4.5 million on March 16, 2016 and completed the enforcement of the sentence on October 19, 2016, considering the following: (a) there is a need to strictly punish the Defendant in light of the following: (b) there is no special circumstance or change of circumstances to be newly considered in the trial; and (c) there is no change in the sentencing conditions and the sentencing of the lower court does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Da26388, Oct. 26, 2015).

3. As such, 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.