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(영문) 전주지방법원 2016.02.12 2015노1834

도로교통법위반(무면허운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (three months of imprisonment) is too unreasonable.

2. Although the Defendant made a confession to commit the instant crime, the Defendant is against the duty to drive the instant unauthorized license again while being tried to commit the instant crime, including a two-time unauthorized driving, even though he had been punished several times as a traffic-related crime, and the nature of the relevant crime is inferior, and the risk of recidivism is likely to be high. In full view of all the circumstances indicated in the record and the theory of change, including the Defendant’s age, sexual behavior, living environment, motive, means and consequence of the instant crime, including there is no special change of circumstances to mitigate the sentence in the first instance trial, the lower court’s punishment 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.