beta
(영문) 광주지방법원 2017.05.25 2016노2392

도로교통법위반(무면허운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of four months, the suspension of execution of two years, the community service work 120 hours, the participation of compliance driving 40 hours) is too unreasonable.

2. That the Defendant’s judgment against the instant crime and did not repeat the crime

It is favorable to the defendant that the body should support open points, and that the body should support it.

On the other hand, the following is disadvantageous.

The crime of this case, while driving without a license, is likely to commit the crime of this case, by failing to comply with the request of the police officer for suspension, and driving without a license, is likely to cause the crime to be committed.

The defendant has been punished for driving without a license even in 2014.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and various sentencing conditions as shown in the records and arguments, even if considering the circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. 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.