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(영문) 광주지방법원 2017.04.18 2017노362
도로교통법위반(무면허운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the punishment of the court below is too unreasonable, while the prosecutor asserts that the sentence of the court below is too uneasible and unfair.

2. The Defendant was sentenced to a suspended sentence of imprisonment due to the crime of drinking and driving without a license in 2008, and the crime of drinking and driving without a license in 2008, respectively. In particular, the Defendant was sentenced to a suspended sentence of imprisonment due to the crime of driving without a license in 2015 and was sentenced to a fine on March 9, 2016, and was sentenced to a suspended sentence of imprisonment on one occasion on one occasion on one hand, which is the suspended sentence period. However, the Defendant again committed the instant crime, and the nature of the instant crime is very bad.

On the other hand, the Defendant recognized all of the instant crimes, and there are circumstances to consider the circumstances leading to driving.

In full view of all the circumstances, such as the Defendant’s age, sexual conduct, environment, background of the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment in the instant case where there is no change in circumstances regarding sentencing conditions in the trial compared to the lower court’s judgment, is only within the scope of reasonable discretion and is too heavy or unbrupted and unreasonable.

3. In conclusion, 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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