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(영문) 광주지방법원 2013.11.29 2013노2196
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (two months of imprisonment) is too unreasonable when considering various circumstances against the defendant in light of the summary of the grounds for appeal.

2. The judgment is contrary to the Defendant’s perception of committing the instant crime.

However, since an unlicensed driving act may lead to a traffic accident causing serious casualties, the risk is not small, and the defendant has been discovered eight times prior to the instant case due to a violation of the Road Traffic Act (unlicensed Driving) and has been punished six times or more (two times prior to the instant case). The Defendant again committed the instant crime even though he was punished several times from 10 to 200 without obtaining a driver's license, and the Defendant again committed the instant crime during the period of repeated crime for which he was sentenced to a punishment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the Defendant committed the instant crime during the period of repeated crime without any lapse of one month after completing the execution of the sentence. In full view of all the circumstances of the instant records and arguments including the age, character and behavior of the Defendant, the environment, the circumstances before and after the instant crime, etc., the Defendant's argument that the lower court's punishment is unreasonable is unreasonable. Therefore, the Defendant's assertion is unreasonable.

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

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