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(영문) 서울중앙지방법원 2018.01.12 2017노3490
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence (3 million won in penalty) declared by the court below is too unreasonable.

2. The judgment that the defendant led to the confession of the crime of this case and the mistake seems to be against the defendant's attitude, the distance of the defendant's driving is not that of the defendant's driving, and the defendant's driving was caused by a traffic accident without the driver's license. However, this is due to the defendant's fault that the driver's driving beyond the central line was against the driver's ozone

The fact that it is difficult to see can be considered in light of the circumstances favorable to the defendant.

However, the sentencing of the court below seems to have been determined by fully considering these favorable circumstances, and there are no special circumstances or changes in circumstances that may newly consider the sentencing in the appellate court.

In particular, the Defendant was punished for the violation of the Road Traffic Act, such as drinking driving, etc., on several occasions, and the Defendant committed the instant crime while his license was revoked due to driving under drinking. The Defendant attempted to move the place of parking at the request of a person who was aware of his/her intention.

However, it can not be said that the defendant's revocation of driver's license has a reason to drive inevitably.

In full view of such circumstances and other circumstances as the Defendant’s age, sexual conduct, environment, motive, means, consequence, and circumstances after the commission of the crime, and all of the sentencing conditions indicated in the instant records and theories on changes, the sentence imposed by the lower court is too large and goes beyond the scope of reasonable discretion, even considering all the circumstances alleged by the Defendant.

subsection (b) of this section.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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