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(영문) 서울중앙지방법원 2019.01.24 2018노3564
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the various circumstances of this case, the sentence imposed by the court below (five months of imprisonment) is too unreasonable.

2. The judgment is based on the following: (a) the Defendant, while against the instant crime, said Defendant would not again commit such a crime.

However, the defendant has been sentenced to a suspended sentence due to drinking driving in 2016 and has been sentenced to a fine again in 2017 during the suspended sentence period, and even though the defendant was sentenced to a fine due to driving without a license during the suspended execution period in 2017, it is necessary to strictly punish the defendant in light of the fact that the defendant committed the crime of this case repeatedly during the suspended execution period in 2017.

In full view of the above circumstances and other circumstances, such as the Defendant’s age, character and conduct, occupation and environment, motive and background leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s sentence is too unreasonable, and thus, the Defendant’s allegation 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 ground that the defendant's appeal is without merit. It is so decided as per Disposition.

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