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(영문) 광주지방법원 2016.10.26 2016노1050
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for four months of imprisonment, probation, community service order 80 hours, and order to attend a compliance driving lecture for 40 hours of imprisonment) that the court below sentenced is too unreasonable.

2. The fact that the defendant's mistake is properly recognized and reflects his/her fault is a favorable circumstance.

On the other hand, the court below seems to have determined punishment in consideration of the favorable circumstances as above, and in particular, the defendant committed the crime of this case at least three times since 2012 to 2015 despite the fact that he had been sentenced to a fine with no license during the period from 2015.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Defendant’s assertion is not reasonable on the grounds that the sentence imposed by the lower court is too unreasonable.

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

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