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(영문) 창원지방법원 2012.11.29 2012노2023

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the summary of the grounds for appeal is against the defendant and is in a position to support his/her family, the sentence imposed by the court below (four months of imprisonment) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, even if the Defendant were to have driven without a license at the time of the instant case, the Defendant was not only driving without a license at the time of the instant case, but also driving without a license, leaving the scene as it is, and then denying the driving itself from the first police investigation, and the nature of the crime is not good. The Defendant has a history of having been punished 11 times by imprisonment (one time imprisonment with prison labor, two times suspended sentence of imprisonment with prison labor, and eight times fines) due to a drunk driving and traffic-related crime, and the Defendant committed the instant crime even though he was sentenced to a suspended sentence of six months for the same crime on September 7, 201, while he was under the suspended sentence of six months by being sentenced to imprisonment with prison labor for the same crime on the same kind, etc., and therefore, it is difficult to revise the Defendant, and thus, it is unreasonable to strictly punish the Defendant’s legal attitude, and there is no other reason to believe that the Defendant’s punishment is unreasonable.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.