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(영문) 서울서부지방법원 2019.03.14 2019노54

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the accused (three months of imprisonment) is too unreasonable.

2. The Defendant asserts that: (a) the Defendant recognized all of the instant crimes; (b) sentenced to imprisonment with prison labor for a period of six months for the violation of the Road Traffic Act; and (c) on January 25, 2018, the said judgment became final and conclusive on January 25, 2018; and (c) the Defendant appears to have become final and conclusive in the instant case, that the said suspended sentence

However, considering the above circumstances in the court below, if the defendant committed the crime in this case at the time when he went to the post after being sentenced to the suspended sentence, and all of the sentencing conditions in this case, including the defendant's age, character and conduct, environment, and the circumstances of the crime in this case, are considered to be too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

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.