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(영문) 광주지방법원 2017.03.28 2016노5119
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The length of the Defendant’s driving is relatively short of lkm, and the instant crime did not lead to a traffic accident.

However, the defendant has been punished five times for the same crime, and the defendant was sentenced to imprisonment for driving without a license and committed the crime of this case only for one year after the release.

In addition, considering the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, etc., the lower court’s punishment is within the reasonable scope of discretion and is difficult to be deemed as the degree of destruction because it is too unreasonable.

3. As such, the Defendant’s appeal is without merit, and all of it is dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 152 subparag. 1 and Article 43 of the Criminal Act). However, “Article 152 subparag. 1 and Article 43 of the Road Traffic Act” of the 10th 2th Myeon of the lower judgment is obvious that it is a clerical error in the “Article 152 subparag. 1 and Article 43 of the Road Traffic Act,” and thus, ex officio correction is made pursuant to Article 25(1)

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