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(영문) 광주지방법원 2017.11.14 2017노3096
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 is too unreasonable.

2. The defendant does not drive again.

It is recognized that the driver's license is difficult to obtain a driver's license while driving the vehicle.

However, the crime of this case was committed again by the defendant during the period of suspension of execution due to the same crime, and the nature of the crime is not weak.

The defendant has been already punished five times due to the crime of driving without a license, and there is a record of the suspension of the execution two times, and there is a record of punishment several times due to the crime of driving without a license.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, sex, environment, background of the crime, circumstances after the crime, and sentencing of similar cases as indicated in the instant records and arguments, the lower court’s punishment is only within the scope of reasonable discretion and is not deemed unfair because it is too unreasonable.

3. In conclusion, 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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