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(영문) 수원지방법원 2018.05.16 2018노1435
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the judgment of the defendant is not in depth against the crime of this case, the fact that the defendant was under a simple drinking or unlicensed driving, and did not cause an accident, and that his family, workplace, and neighbors appeal against the defendant's wife.

However, the Defendant committed each of the instant crimes without being aware of the fact that he/she had been sentenced to a suspended sentence for 6 months on April 20, 2016 due to a violation of the Road Traffic Act (dacting driving) at the Suwon Flag method, which was sentenced to a suspended sentence on April 20, 2016. The Defendant again committed each of the instant crimes without being aware of it despite being sentenced to a suspended sentence for 6 months due to a violation of the Road Traffic Act (dacting on April 2016. The Defendant failed to comply with the request of a police officer to stop for the purpose of confirming the suspicion of driving without a driver’s license even though he/she was requested to do so, and the circumstances after the commission of the instant crime are not good. The Defendant’s blood alcohol concentration at the time of the instant crime was considerably more than 0.21%, and the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and the circumstances after the crime are considered to be too unfair.

Therefore, the defendant's assertion is without merit.

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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