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(영문) 대전지방법원 2014.04.03 2013노1722
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.

2. Although it is recognized that the defendant confessions and reflects the judgment, the defendant has been punished four times as a crime of violation of the Road Traffic Act (unlicensed driving), and even thereafter, repeatedly commits the crime of this case. The fact that the crime of this case and fraud for which the judgment has already become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act seems to have been fully considered in the court below, and other various sentencing conditions such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances before and after the crime are considered, the court below's punishment against the defendant is too appropriate and too unreasonable. Thus, the above argument 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 since it is without merit. It is so decided as per Disposition.

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