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(영문) 의정부지방법원 2019.10.17 2019노1041
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) by the lower court is too unreasonable.

2. As to the determination of sentencing, it is reasonable to respect the sentencing of the first instance court in the event that the sentencing of the first instance does not deviate from the reasonable scope of discretion, since the first instance court’s inherent area exists in the determination of sentencing.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). It is reasonable to take into account such factors as following: (a) murdering; (b) the confession of a crime; (c) the distance from driving under the influence of alcohol is not long; (d) the driving of a drinking alcohol on the morning following the day after drinking alcohol; (c) the head of a household with dependents, such as dementia, etc.; (d) the head of a household; (e) the head of a household; (e) the head of a household; and (e) the head of a household who would not drive a drinking; and (e) the disposal of a vehicle; and (e) the suffering from the Hemba disc; and (e) there are social ties,

However, even though the defendant had already been punished for the same kind of crime several times, he/she is driving under the influence of alcohol without a license (the fine on June 2004, the fine on driving without a license on March 2004, the fine on driving without a license on March 2005, the suspended sentence on drinking and without a license on September 2008, the fine on drinking and without a license on September 10, 201, the suspended sentence on drinking and without a license on driving on October 201, the fine on driving without a license on July 201, 201, the fine on driving without a license on July 201, 208, and the fine on driving without a license on November 2018). In full view of the fact that the drinking and without a license on March 200, 2005, the criminal defendant's age and circumstances need to be punished for highly dangerous crimes that may result in another person's life without a license on his/her own as well as the driver, and the circumstances of the defendant's new sentencing.

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