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(영문) 인천지방법원 2019.01.09 2018노57
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was aware of the fact that an alien could drive in the Republic of Korea with an international driver's license issued in Libybya, and the Defendant's act was in violation of the law.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below and the defendant's oral statement at the court below, the facts charged in this case are fully recognized.

Furthermore, Article 16 of the Criminal Act provides that "the act of misunderstanding that one's own act does not constitute a crime under Acts and subordinate statutes shall not be punishable only when there is a justifiable reason for such misunderstanding" does not mean a simple legal site, but it is generally an act which constitutes a crime, but in his special circumstances, it is recognized that it does not constitute a crime under Acts and subordinate statutes, and there is a justifiable reason for such misunderstanding. Thus, the circumstance alleged by the defendant is merely merely a legal site and it cannot be deemed that the defendant's act is not a crime, and there is a justifiable reason for such misunderstanding.

Therefore, this part of the defendant's argument is without merit.

B. We examine the judgment on the assertion of unfair sentencing, and there is no change in circumstances that may consider the sentencing after the judgment of the court below, and considering the various sentencing conditions in the records and arguments of this case, even if the circumstances alleged by the defendant as the grounds for appeal are considered, the sentence of the court below is too unreasonable.

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