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(영문) 서울동부지방법원 2014.10.02 2014노1075
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant both recognized the instant crime and would not drive a license without permission in the future, and the Defendant has no economic ability because he/she was unable to engage in economic activities during the execution of his/her term of punishment due to his/her lack of economic ability. In the case of a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (unlicensed Driving) in consideration of equity in the case where he/she was punished with the crime for which the judgment became final and conclusive, the punishment of the lower court (total of

2. The judgment of the court below reflects the Defendant’s depth on the instant crime, and there is a crime for which the judgment in relation to the latter part of Article 37 of the Criminal Act became final and conclusive, but the instant crime, which denied a driver without a license and another person’s identification card, cannot be deemed to be less than that of the crime. In addition to such circumstances, in light of the Defendant’s age, character and behavior, environment, criminal records, motive, means, consequence, and circumstances after the crime, etc., it cannot be deemed that the punishment (a total of two million won) imposed by the court below is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition

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