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(영문) 의정부지방법원 2016.11.29 2016노2754
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to four months) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the defendant confessions the crime of this case and reflects the defendant.

B. However, in full view of the following circumstances: (a) the Defendant’s history of punishment for driving without a license is six times; (b) the history of punishment for driving without a license is only one time; (c) the occurrence of an accident occurred while driving a non-insurance vehicle without a driver’s license; (d) leaving the scene of the accident without leaving the vehicle; and (e) the quality of the crime is not good by making a third party voluntarily surrenders; and (e) other circumstances that are conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, circumstances leading to the commission of the crime, and the circumstances after the crime, are considered in favor of the Defendant, the lower

Therefore, the defendant's above assertion is without merit.

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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