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(영문) 전주지방법원 2014.11.07 2014노940

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment that the defendant recognized the crime of this case as well as reflects the defendant's mistake in depth, and that there is a family member to support the defendant, etc., which are favorable to the defendant, or that the defendant has been punished several times (two times of imprisonment, one time of suspended execution of imprisonment, and six times of fine) due to drinking driving, unlicensed driving, etc., and in particular, on October 12 of the same year, after being sentenced to six months of imprisonment on May 23, 2013, the execution of the crime of this case was completed, and the defendant committed the crime of this case on October 12 of the same year without being aware of it during the repeated offense period, and the defendant disposed of the freight vehicles of this case and again did not drive without obtaining a license again. However, considering the above fact that the defendant was sentenced to six months of imprisonment as above, it seems that there is a very high risk of recidivism in light of the fact that the defendant was disposed of at the time of driving and driving without a license for driving with the freight vehicle of this case, the defendant's age and means and circumstances of character and behavior, etc.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.