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(영문) 창원지방법원 2017.02.02 2016노3278
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.

2. The judgment that the defendant led to the confession of facts constituting the crime and reflects on the fact, and that it does not cause any traffic accident, and that the vehicle has been scrapped after the crime of this case is favorable to the defendant.

However, the Defendant, upon driving without a license in 2011, was sentenced to a suspended sentence of 3 months for 201 and 6 months for driving without a license for drinking and driving without license for 2013, and was sentenced to a fine for the same kind of crime several times, and the Defendant again committed the instant crime even during the period of repeated crime, despite the completion of the execution of the said imprisonment due to the same crime, and there is no special change in the trial. In full view of all other various circumstances, the Defendant’s age, environment, sex behavior, motive for the crime, and circumstances before and after the crime, and the sentencing conditions specified in the instant records and arguments cannot be deemed as unfair because the lower court’s sentence is too unreasonable.

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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