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(영문) 광주지방법원 2018.09.11 2018노2090

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 months of imprisonment) is too unreasonable.

2. Although the defendant recognized the crime of this case and reflected against the judgment, the crime of this case is committed while the defendant was under suspension of execution due to the violation of the Road Traffic Act (unlicensed driving) and thus, it is not good to commit the crime.

In particular, the defendant has been punished by a fine twice due to drinking driving, a fine due to a non-licenseless driving, and a suspended sentence of imprisonment.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not recognized as unfair because it is too unreasonable.

3. 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.