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(영문) 광주지방법원 2018.09.04 2018노2062
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 (three months of imprisonment) is too unreasonable.

2. The fact that the defendant recognized the crime of this case and reflected it, and the principle of equity with the case that the defendant judged together with the crime of violating the Road Traffic Act (unlicensed Driving) as stated in the judgment of the court below should be considered.

However, there are many criminal records of the defendant due to driving without a license, driving without a license for the third without a license during the suspension of execution and protection observation period due to driving without a license, and committing the crime of this case again while being tried due to a driving without a license.

In full view of the records and arguments of this case, there is no special circumstance or change of circumstances that can be newly considered in the trial of the party, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, sex, family relationship, circumstances after the crime, etc., the lower court's punishment is too unreasonable.

Defendant’s assertion is not accepted.

3. 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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