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(영문) 창원지방법원 2014.09.25 2014노1320
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal: (a) the Defendant is led to confession and reflect; (b) the Defendant is at the location of supporting both the married woman and the minor; and (c) the Defendant may be dismissed if the Defendant is sentenced to a suspended sentence or a heavier punishment, the sentence (two years of suspended sentence for six months of imprisonment) imposed by the lower court is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, even if the Defendant asserts, the Defendant has a history of having been punished several times for the violation of the Road Traffic Act (six times a fine) and the violation of the Road Traffic Act (non-licensed driving). The Defendant continued to hold the Defendant’s vehicle in his name despite the revocation of the driver’s license on August 17, 2013 and continued to commit the instant non-licensed driving under the name of the Defendant, and the Defendant’s repeated punishment alone is difficult to expect the effect of recidivism prevention against the Defendant. In full view of all the circumstances, such as the Defendant’s character, conduct and environment, the background and consequence of the instant crime, and the circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed unfair. Thus, the Defendant’s above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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