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(영문) 서울중앙지방법원 2018.04.27 2017노4625

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) is unreasonable because it is too unreasonable for the court below's punishment (two years of suspended sentence of imprisonment for August, 200 and 240 hours of community service).

Judgment

In light of all the sentencing conditions indicated in the instant case, including the Defendant’s family relation, age, sex, career, environment, motive and consequence of the instant crime, circumstance after the instant crime, etc., the sentence imposed by the lower court is too unreasonable and so it goes beyond the reasonable scope of discretion, and the sentence imposed by the Defendant was exceeded the reasonable scope of discretion, in consideration of the following: (a) the Defendant’s intention to not drive without a license, such as selling the instant vehicle; (b) there are many kinds of records, including imprisonment, including imprisonment, due to drinking, driving without a license, etc.; and (c) the Defendant committed the instant crime at the time when one year has not elapsed since the license was revoked due to drinking; and (d) the Defendant committed the instant crime without being aware of it at the time when the license was revoked.

It does not seem that it does not appear.

Ultimately, the defendant's above assertion is without merit.

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 as per Disposition.