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(영문) 창원지방법원 2016.09.22 2016노1921
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.

2. We can take into account the following circumstances: (a) a single studio, a confession of and reflect on the facts constituting an offense; and (b) a person who does not cause any other injury, such as a traffic accident.

On the other hand, in light of the fact that the defendant was punished five times by driving without a license, and in particular, even though he was sentenced to two years by imprisonment in April 2015, he was driving the same motor vehicle during the period of probation and committed the crime of non-licenseless driving of this case, and the period of probation has not yet been subject to the punishment, strict sentence against the defendant is inevitable.

The lower court, including the aforementioned circumstances, determined the punishment by fully taking into account the circumstances surrounding the sentencing of the Defendant, and determined it within the reasonable scope.

Since the court below's punishment is too large, so it is not recognized as unfair.

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

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