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(영문) 수원지방법원 2018.12.19 2018노5309
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. That the defendant does not commit a second offense because he or she repents his or her mistake and reflects his or her mistake.

The fact that there is no additional damage caused by the crime of this case is a favorable circumstance.

However, the Defendant was sentenced to a suspended sentence of 2 years and 6 months on the grounds that he had been sentenced to imprisonment with prison labor due to drinking or unlicensed driving, and was sentenced to a suspended sentence of 3 years and 6 months on the grounds that he had been sentenced to a prison term of a fine during the suspended sentence, and repeated the instant crime; the Defendant appears to have considered the favorable circumstances for the Defendant in the lower court; there is no special circumstance or change in the circumstances that may be newly considered in sentencing after the pronouncement of the lower judgment; and the Defendant’s age, sex, environment, background and consequence of the instant crime, and all of the sentencing conditions indicated in the instant case, including the following: (a) the Defendant’s age, sex, and environment; and (b) the following circumstances after the sentence of the lower court, the Defendant’s above assertion by the Defendant is unreasonable because

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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