beta
(영문) 전주지방법원 2015.09.23 2015노919

도로교통법위반(무면허운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. Although the Defendant’s confession of the instant crime was against the Defendant, even though he had the record of punishment for 11 times due to driving without a license, the Defendant driving a vehicle which was not covered by mandatory insurance within the short term during the period of repeated crime resulting from the same crime and caused physical damage due to a traffic accident resulting from the instant unlicensed driving, as well as the Defendant’s age, character and behavior, living environment, family relationship, motive, means and consequence of the instant crime, etc., it cannot be deemed that the sentence of the lower court is too unreasonable in view of all the sentencing conditions, including the circumstances after the crime.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided

[However, Article 46 (2) and Article 8 of the Guarantee of Automobile Accident Compensation Act (wholly amended by Act No. 12987, Jan. 6, 2015) are amended ex officio pursuant to Article 25 of the Rules on Criminal Procedure, and Article 46 (2) and Article 8 of the former Guarantee of Automobile Accident Compensation Act (wholly amended by Act No. 12987, Jan. 6, 2015).]