logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.11.24 2017노1045
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of a fine of KRW 3 million imposed by the lower court against the Defendant is too unreasonable.

2. In full view of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court’s sentencing on the Defendant appears to have been appropriately determined by fully considering all the circumstances, including the various reasons for sentencing asserted by the Defendant, and there are no special circumstances to the extent that the above punishment is modified.

In the end, the defendant's argument of sentencing is not acceptable.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act: Provided, That in the case of the lower judgment, the Defendant was sentenced to imprisonment with prison labor for six months, suspension of execution one year, and fine of three million won on March 29, 2016 and the judgment became final and conclusive on February 23, 2017.

The summary of the evidence is "1. Before the ruling: Before the end, the case search and judgment of the Supreme Court [the Seoul Northern District Court 2015 High Order 3066, 2015 High Order 3983 (Joint)]], and the column for the application of the law is "1. Concurrent concurrent crimes" in the upper part of "1. Aggravation of concurrent crimes", because it is obvious that the omission of each entry in "Article 37 of the Criminal Procedure Act, Article 39 (1)" is a clerical error by mistake, it is corrected to add it ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure.

arrow