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(영문) 창원지방법원 2017.08.24 2017노1643
도로교통법위반(무면허운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. In light of the fact that the Defendant committed the instant crime by driving a vehicle, such as a vehicle used at the time the said judgment became final and conclusive on November 23, 2016, while the Defendant was sentenced to two years of suspended execution on November 15, 2016 due to drinking, driving without a license, and driving without a license, and was sentenced to two years of suspended execution on November 23, 2016, the Defendant was sentenced to two years of suspended execution. However, in light of the fact that the Defendant committed the instant crime by driving a vehicle, such as a vehicle used at the time of the said crime, within three months after the said judgment became final and conclusive, it is inevitable to sentence the Defendant as a sentence.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the instant crime was committed on a license without a license, and there is no special relationship or change of circumstances favorable to the Defendant; and (c) the Defendant’s age, environment, sexual conduct, circumstances before and after the instant crime was committed; and (d) other circumstances that are conditions for sentencing specified in the records and pleadings, such as the Defendant’s age, environment, sexual conduct, circumstances before and after the instant crime was committed, it is not determined that the sentence imposed by the lower court is too heavy or unreasonable

3. As such, the appeal filed by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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