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(영문) 부산지방법원 2017.09.14 2017노2439
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (four months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the defendant are recognized, such as the confession of the crime of this case by the defendant, and the fact that the defendant's wife and children are faced with difficulties in living due to the detention of the defendant.

However, in light of the facts of the crime, the crime of this case is deemed to have been driven by the defendant without a driver's license, and the criminal defendant committed the crime of this case at another time without being aware of the change in circumstances that could change the sentence of the court below since the decision of the court below was rendered, the criminal defendant committed the crime of this case in violation of the Road Traffic Act, the criminal defendant committed several times, the criminal records of punishment of the same kind of crime, the criminal litigation law of our criminal case, which takes the trial-oriented principle and the direct principle, has the unique area of the first deliberation as to the sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the first trial sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances favorable to the recognized defendant do not correspond to the change in circumstances that can change the sentence of the court below after the decision of the court below, and it does not seem unfair if the defendant's punishment is too unfair.

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

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