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(영문) 서울중앙지방법원 2018.01.25 2017노4232
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

The decision of the court below on the summary of the reasons for appeal (4 months of imprisonment) is too unreasonable.

Judgment

In the past, the Defendant had been punished several times due to driving without a license or drinking (a fine of one million won for driving without a license on September 1, 2008, a fine of one million won for driving without a license on July 28, 2009, a fine of one million won for driving without a license on April 28, 2010, two years of suspension of execution on August 28, 201, a fine of two million won for driving without a license on March 3, 201, a fine of eight million won for driving without a license on May 30, 201, a fine of eight million won for driving without a license on May 22, 2012, a fine of 7.5 million won for driving without a license on March 28, 2017, a suspended sentence of two years for driving without a license on March 28, 2017), and an investigation of the instant case was conducted during the normal period of suspension of execution during which the Defendant was already exposed to the police.

However, the fact that the defendant is recognized as committing the crime of this case and is against the defendant is favorable to the defendant.

In addition, considering the fact that there is no special change in circumstances that could change the sentence of the court below after the sentence of the court below, and the various circumstances that are the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex conduct, motive of the crime, and circumstances before and after the crime, since the sentence of the court below cannot be deemed to be unfair because the sentence imposed by the court below is too unreasonable

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.

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