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(영문) 창원지방법원 2017.09.21 2017노2115
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is a mere unauthorized driving, the defendant recognizes and reflects the crime of this case, the defendant disposes of the vehicle that was driven by the defendant, and the defendant must support the vehicle that is not good for health, etc. are favorable to the defendant.

However, the Defendant was punished seven times due to drinking or non-licensed driving, and the Defendant was sentenced to two years of probation on August 10, 2016 due to drinking or non-licensed driving on August 18, 2016 and was sentenced to two years of probation on August 18, 2016, and the probation period became final and conclusive. However, the Defendant committed the instant crime of the same kind even though he was subjected to a fine of three million won as a result of driving without a license, and other various circumstances, including the Defendant’s age, environment, sex behavior, motive for the instant crime, circumstances before and after the instant crime, etc., are considered as unfair because the lower court’s sentence is too excessive.

3. As such, the defendant's appeal is without merit, and 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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