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(영문) 서울동부지방법원 2016.11.03 2016노1238
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. In light of the following circumstances: (a) the Defendant’s driver’s license was revoked due to the absence of aptitude test; (b) the Defendant suffers from a mental disorder of class 3 of disability due to stimulative disorder; (c) however, in the event that the Defendant was sentenced to a three-time fine due to driving without a license within a short period of time and was sentenced to a stay of execution from the first instance trial to a suspended sentence; (d) the Defendant again led to driving without a license within twenty (20) days thereafter; and (e) it is difficult to find any urgent situation even with regard to the developments leading to driving without a license in this case; and (e) it is difficult to find any other urgent situation with regard to the Defendant’s age, character and behavior, environment, the background and consequence of the instant crime; and (e) circumstances after the instant crime, etc., the lower court’s punishment is too appropriate and unreasonable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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