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(영문) 의정부지방법원 2013.10.17 2013노1882
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (four months of imprisonment) shall be too unreasonable.

2. It should be recognized that the circumstances such as the fact that the defendant repents his mistake and has family members to support the defendant, etc.

However, considering the circumstances such as the fact that the defendant has a majority of the criminal records, and the crime of this case was committed during the period of repeated crime of the same crime, the defendant seems to have committed a crime without obtaining a license or driving alcohol, and the risk of recidivism is high, and the defendant's blood alcohol concentration is relatively high, and the reason for the defendant's assertion is considered to have been reflected in the original court and the defendant's sentence against the defendant is not deemed to have lost balance compared to that of the similar crime, it cannot be deemed unfair in light of all the sentencing conditions indicated in the records of this case, such as the circumstances of the crime, method and method thereof, the age, character and conduct, home environment, and circumstances after the crime.

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

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