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(영문) 광주지방법원 2018.01.30 2017노4361
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 is too unreasonable.

2. The Defendant recognized his mistake and has old age. However, the Defendant had a history of causing traffic accidents due to drinking and having been punished only once and has been punished for the same kind of crime, and the Defendant again conducted driving without a license during the suspended execution period due to driving without a license. It seems that traffic laws and regulations are light and that the risk of recidivism is high, so it is inevitable to punish the Defendant even when considering the Defendant’s age.

In addition, considering the Defendant’s age, sexual conduct, environment, motive and means of crime, and consequences as shown in the records and pleadings, all of the sentencing conditions in the instant case, such as the circumstances after the commission of crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

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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