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(영문) 부산지방법원 2017.11.10 2017노3306
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one hundred months of imprisonment and a fine of three hundred thousand won) is too unreasonable in light of the gist of the grounds for appeal.

2. It is recognized that the defendant made a confession of all crimes and repents his mistake.

However, each of the crimes of this case committed by the defendant without a driver's license is committed repeatedly and repeatedly against the driver's license without a driver's license even though the defendant was discovered while driving the Oral Ba which was not covered by mandatory insurance without a driver's license, and the criminal liability is significant. The defendant has been punished several times by a fine, suspension of execution, and punishment, among which the defendant has been punished by drinking and non-licenseing, the amount of alcohol concentration in blood is very high by 0.210% and 0.184%, and the defendant's age, sex, environment, motive, means and result of each of the crimes of this case, and the circumstances after the crime, etc., it is not recognized that the court below's punishment is too unreasonable, considering all of the sentencing conditions specified in the arguments of this case, such as the crime of this case.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act on the ground that the Defendant’s appeal is dismissed. However, in the judgment of the court below, the “(unlicensed driving)” of “(unlicensed driving)” of “(unlicensed driving)” and “(unlicensed driving)” of “(unlicensed driving)” of the column 2 for the application of the law, is apparent, and thus, it is corrected to correct it ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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