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(영문) 서울중앙지방법원 2016.03.24 2016노347
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below is too unreasonable.

2. The circumstances favorable to the defendant are as follows: (a) the defendant led to the confession of and reflects on the instant crime; and (b) the motive leading to driving without a license is related to the mother’s illness.

However, the Defendant, on May 2004, was sentenced to a fine of KRW 700,00,000 for driving without a license on March 2007, a fine of KRW 1 million for driving without a license on March 2007, a fine of KRW 3 million for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents, and a fine of KRW 2 million for driving without a license on June 2013, and under such circumstances, the Defendant was sentenced to a fine of KRW 2 million for driving without a license on January 2014, but was sentenced to a two-year suspended sentence for 4 months due to a non-license on April 201, but was sentenced to a two-year suspended sentence during the period of the suspended sentence, and the Defendant was sentenced to a fine for the instant crime again during the period of the suspended sentence.

under section 38 of this title.

In full view of other circumstances that are the conditions for sentencing as shown in the records and pleadings, such as the Defendant’s age, sex, environment, motive for committing a crime, circumstances after committing a crime, etc., even if considering the favorable circumstances of the Defendant, the lower court’s punishment cannot be deemed unfair due to excessive disregard.

Defendant’s assertion is without merit.

3. 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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