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(영문) 수원지방법원 2015.04.15 2015노1003
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (six months of imprisonment) is too unreasonable.

2. Considering the fact that the Defendant led to the confession and reflect of each of the crimes in this case, scrapped the vehicle while driving, leaving the vehicle not to drive without a license in the future, having a good health, and having family members to support the vehicle, the Defendant repeated each of the crimes in this case even though he had been punished three times for driving without a license only in 2014, in particular, even though he was prosecuted for driving without a license in the case No. 2014Gadan1710 and was tried for without a license, the Defendant repeated driving without a license in the case No. 2015Gadan12 at the same time, and all of the circumstances constituting the conditions of sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, etc., the Defendant’s argument is without merit.

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

[However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, Article 46 (2) and Article 8 of the Guarantee of Automobile Accident Compensation Act shall be amended to "Article 46 (2) 2 and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015)."

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