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(영문) 수원지방법원 2016.12.22 2016노7290

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. The judgment that the defendant recognized the crime of this case, and that the defendant tried not to repeat the crime of this case by scrapping a vehicle driven at the time of the crime of this case, such as treating the vehicle, etc., and that the defendant did not have any record of criminal punishment so far, and that the defendant's relatives want to have the wife against the defendant, etc. are favorable to the defendant.

However, the Defendant had the past history of criminal punishment for the violation of the Road Traffic Act (free license) or the violation of the Road Traffic Act (free license) on several occasions, and, in particular, on June 24, 2016, the Defendant committed the instant crime by driving the same motor vehicle while driving the same motor vehicle during the period of suspension of execution that was sentenced to 6 months of imprisonment, 2 years of suspended execution, even though he was sentenced to 2 years of suspended execution on the grounds of the violation of the Road Traffic Act (free license) on June 24, 2016, and the Defendant seems to repeat the crime without a license on a regular basis even in the absence of any special reason for driving the motor vehicle, and taking into account all the sentencing conditions such as the Defendant’s age, character, character, environment, family relationship

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. It is so decided as per Disposition.