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(영문) 대전지방법원 2013.10.30 2013노2058

도로교통법위반(무면허운전)

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The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one month of imprisonment) is too unreasonable in light of all the circumstances, including the fact that the Defendant reflects the instant crime in depth.

2. It is recognized that the decision-making defendant respondeds to the crime of this case and reflects it.

However, on October 17, 2012, the Defendant: (a) driven Bone Star Co., Ltd., the Defendant was under the influence of alcohol in the Daejeon District Court 2010, and was sentenced to 6 months of imprisonment and 2 years of suspended execution; (b) on October 25, 2012, the above judgment became final and conclusive and is still under suspended execution; (c) committed an act of driving the same vehicle without a license for the same reason for not more than 5 months; (d) there is a high possibility of criticism; (c) even if the Defendant was punished for driving without a license, it was two times including the instant case; (d) the Defendant was punished for driving without a license on three occasions or more after 2010; and (e) the Defendant was sentenced to imprisonment with prison labor for the same kind of traffic-related laws and regulations during the period of suspended execution; and (e) there is no need to view that the Defendant’s punishment without a license for the same reason before and after the sentence of imprisonment with prison labor for not more than one year following the legislative order.

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.