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(영문) 대법원 2014.02.13 2013도14391

도로교통법위반(무면허운전)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the Defendant guilty of driving without obtaining a license on November 9, 2012 among the facts charged in the instant case on the grounds stated in its reasoning, and there is no violation of the rules of logic and experience and the principle of free evaluation of evidence.

In addition, the argument that the judgment of the court below erred in failing to properly consider the conditions of sentencing in violation of Article 51 of the Criminal Act is the allegation of unfair sentencing. According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. As such, in this case where the court rendered a more minor sentence against the defendant

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.