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(영문) 수원지방법원 2015.01.26 2014노6125
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. From 2004 to 2011, the Defendant was punished three times by a fine due to driving without a license or driving under influence, and was punished by imprisonment for one year and two years by a suspended sentence for driving under the influence of alcohol in 2013.

After that, on January 22, 2014, when probation was given according to the probation judgment, the offender committed the instant crime again even though he/she was sentenced to a fine by again driving without a license.

Since such repeated punishment and punishment have not been eradicated, it is inevitable to strictly punish the defendant.

In addition, comprehensively taking account of the following factors: the Defendant’s age, character and conduct, environment, circumstances, and result of the crime, and all the sentencing conditions indicated in the instant records and pleadings, the Defendant’s mistake is considered to be in profoundly against the Defendant.

Even if the lower court’s punishment is unreasonable, it cannot be deemed that the sentence is 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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