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(영문) 부산지방법원 2017.12.15 2017노4125

도로교통법위반(무면허운전)

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment defendant is divided into his mistake, and that he has no record of punishment.

However, the Defendant not only has the history of having been punished several times due to drinking driving and driving without a license, but also committed the instant crime without being aware of it during the suspension period due to driving without a license, etc., and the distance of driving without license is about 5 km, and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions specified in the instant pleadings, such as the circumstances after the instant crime, are considered, it is not deemed unfair for the lower court’s punishment to be too unreasonable.

Therefore, the defendant's assertion is without merit.

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.