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(영문) 수원지방법원 2015.10.07 2015노4528

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (four months of imprisonment) is too unreasonable.

2. Considering the fact that the Defendant led to the confession and reflect of each of the instant crimes, that the Defendant’s family members want to support the Defendant while leading the Defendant, and that there is a family member to support, the Defendant has been subject to two times the suspended sentence for the same kind of crime, four times the fine, and in particular, the Defendant was investigated by committing a non-licensed driving on August 19, 2014 when he was investigated (a person was sentenced to a fine of KRW 3 million on June 19, 2015) and was under the suspended sentence on February 2015 when he was under the suspended sentence (around 2015, he was sentenced to a fine of KRW 3 million). In addition, considering the following circumstances, the Defendant’s age, character and behavior, environment, family relationship, motive and circumstance of the crime, etc., the Defendant’s assertion that the sentence is too unreasonable is not acceptable.

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