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(영문) 의정부지방법원 2015.05.15 2014노2480
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (two months of imprisonment, two years of suspended sentence, and forty hours of an order to attend a compliance driving lecture) is too unreasonable.

2. The circumstances favorable to the defendant are recognized, such as the confession of the facts constituting the crime of this case and the statement that the defendant reflects his depth on his mistake, the fact that there is a dependent, the distance of operation is relatively short.

However, in light of the contents and circumstances of the crime, etc., the crime of this case committed by the defendant is not less severe than the nature of the crime; it is highly likely that the crime of this case was committed without being aware of the history of punishment several times due to the same type of crime; the court below held that the suspension of execution of imprisonment was significantly unfair, taking into account the various circumstances of the defendant; and there is no reason to deem the judgment of the court below to be unfair; in light of the balance with the general sentencing of the same and similar cases; the defendant's age, character, character, intelligence and environment; and the motive, circumstance, means and consequence of the crime of this case; the circumstances after the crime of this case; criminal records; family relations; and other various circumstances which are the conditions for the sentencing of this case, such as the defendant's age, character and behavior, family relation; thus, the defendant's punishment imposed by the court

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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