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(영문) 부산지방법원 2013.08.30 2013노1987
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one million won of a fine) against the Defendant in the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the length of the defendant's driving is not longer than 3 km, and that the defendant recognized the crime and is in depth against the defendant.

However, on October 1, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Changwon District Court on December 6, 2007; the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Busan District Court on December 6, 2007; the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (unlicensed Driving) in the same court on July 28, 2008; the Defendant was sentenced to a fine of 1.0 million won in the same court on October 13, 2010; the lower court appears to have been sentenced to a fine of 1.0 million won in the same court on October 13, 201; the Defendant’s age, environment, occupation, family relation, etc. taking into account all the circumstances that are favorable and unfavorable to the Defendant; the sentence of the lower court is unreasonable.

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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