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(영문) 광주지방법원 2018.12.19 2018노3173
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 (six months of imprisonment) is too unreasonable.

2. We examine the judgment, and the favorable circumstances are that the defendant recognized the crime of this case and reflected against it.

However, the defendant was punished by a fine by driving without a license while the appellate trial is in progress due to a crime such as violation of the Road Traffic Act (driving of alcohol), and thereafter committed the crime of this case where driving without a license again without a license despite the suspension of the execution of imprisonment due to the above crimes such as violation of the Road Traffic Act (driving of alcohol). In light of the above series of crimes, there is a high possibility of re-offending in light of the crime process as seen above, and there is no doubt that the defendant might have committed the crime of this case. Meanwhile, in full view of various sentencing conditions as shown in the records and arguments, including the fact that the defendant might be deemed to have poor conditions after the crime of this case, and that there is no particular change in the sentencing conditions compared with the original court, it cannot be deemed unfair for the court below to have imposed the defendant's above charges. Thus, the above assertion by the defendant 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.

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