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(영문) 대전지방법원 2015.10.08 2015노2491
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court against the Defendant is too unreasonable.

2. The circumstances favorable to the Defendant are the following: (a) the Defendant appears to have led to the confession of the instant crime and against himself/herself; and (b) the Defendant appears to have accompanied economic difficulties to his/her dependents in custody.

However, even though the defendant has been punished several times for the same crime, and he had been tried on two occasions during the suspension period for the same crime (the defendant was sentenced to a fine in the above trial) and had committed again the crime of this case during the suspension period of execution, etc., which is disadvantageous to the defendant, by taking into account the defendant's age, character and behavior, environment, motive, means and consequence of the crime, various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence, circumstances before and after the crime, and the scope of recommended sentence according to the sentencing guidelines of the Sentencing Commission of the Supreme Court, it is not deemed that the sentence of the court below against the defendant is too unreasonable. Thus, the defendant's assertion is without merit.

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

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