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(영문) 전주지방법원 2015.02.06 2014노1440
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. Although the circumstances favorable to the defendant such as the defendant's recognition of the crime and reflects on the fact that there are family members to support, the above favorable circumstances appear to have already been reflected in the court below. The defendant had been punished several times due to drinking and driving without a license in 2009, and the defendant committed the crime of this case even after he was sentenced to a punishment for driving without a license in 2009, and again committed the crime of this case during the repeated period. The defendant seems to repeat driving without a license without any particular awareness. The defendant is deemed to repeat driving without a license, while the owner of the vehicle of this case was driving the vehicle of this case, the driver of the vehicle of this case without any choice but without any choice to make a statement at the investigative agency, and the defendant has made a statement that the above owner has been able to bring about a driving with his defense without any consent to it, and there is no reason to believe that the above circumstances have changed in the defendant's family relation and punishment after considering the above circumstances, and there is no reason to recognize the above sentencing of unfair sentencing.

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

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