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(영문) 수원지방법원 2013.05.15 2013노1403
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of four months and the fine of two thousand won) is too unreasonable.

2. The judgment is based on the following circumstances: (a) the Defendant already committed the instant crime on November 25, 2012 while the Defendant was tried for a separate crime of violation of the Road Traffic Act (unlicensed Driving) while recognizing the instant crime, and the Defendant seems to have difficulty living with his family due to the detention of the Defendant; (b) the Defendant committed the instant crime of unlicensed Driving on December 6, 2012; and (c) the Defendant committed the instant crime of unlicensed Driving on December 6, 2012, despite being given a prior notice of suspended sentence in the instant case of the violation of the Road Traffic Act (Unlicensed Driving), which requires strict punishment to be committed during that period; (c) the Defendant was punished three times due to a drunk driving; (d) the Defendant had the history of punishment three times due to a unlicensed driving; (e) the Defendant’s age, character and environment; (e) the motive and circumstances leading to the instant crime; and (e) the circumstances before and after the instant crime, etc., the Defendant’s assertion cannot be accepted.

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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