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(영문) 대전지방법원 2013.11.28 2013노2057
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (eight months of imprisonment) is too unreasonable.

Judgment

It is recognized that the defendant led to the crime of this case, and the distance of driving without a license is not clear. However, if it is considered that the defendant's confessions and reflects the crime of this case, the crime of the same kind of crime is committed during the repeated crime period, and the traffic accident occurs at the time of driving without a license of the same person on May 29, 2013 of this case, and the past records of criminal punishment are 4 times the same kind of crime of the Road Traffic Act, and it is considered as a comprehensive consideration of all the sentencing conditions such as the defendant's age, character and behavior, environment, criminal records, circumstances after the crime, and risk of recidivism, etc., the court below's punishment is too excessive and unreasonable. Thus, the defendant's assertion is without merit.

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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