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(영문) 제주지방법원 2017.04.20 2017노52
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and directness, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The defendant shows an attitude to recognize and reflect the crime of this case, and the defendant must provide support to his parents, but the court below seems to have determined the punishment against the defendant, and there is no change in circumstances to be considered in the sentencing after the sentence of the court below, and the defendant had been sentenced several times to criminal punishment for a violation of the Road Traffic Act (unlicensed driving), particularly, the defendant was sentenced to suspended sentence on January 14, 2016 due to a violation of the Road Traffic Act (licenseless driving), and the records and circumstances of the crime of this case, including the period of suspended sentence after being sentenced to the suspension of execution, and all the circumstances and methods of the crime of this case.

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

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