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(영문) 수원지방법원 2017.02.03 2016노8523
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The judgment of the Defendant is against the recognition of all of the instant crimes, and the fact that the instant crime was committed on the non-licensed driving of a vehicle with no mandatory insurance, etc. is favorable to the Defendant.

However, even before the crime of this case was committed, the defendant had the record of criminal punishment several times, including the history of punishment for the same crime, and in particular, the defendant committed the crime of this case without being aware of the fact that he was sentenced to four months of imprisonment for the crime of violation of the Road Traffic Act, and without being aware of the fact that the defendant committed the crime of this case, even though he was discovered while driving a vehicle not covered by mandatory insurance without a driver's license during the period of repeated crime and was exposed to a fine of two million won, the defendant committed the crime of this case again with the same vehicle, and other various circumstances that form the conditions for the sentencing of this case, such as the defendant's age, sex, environment, family relationship, after the crime, etc., the court below's punishment is too unreasonable. Thus, the defendant and his defense for the above unfair sentencing of the defendant are not accepted.

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

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