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(영문) 창원지방법원 2018.01.11 2017노2956
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. There are favorable circumstances such as the fact that the Defendant recognized the crime, and the Defendant reflects on the fact that the Defendant was driving without a license of this case due to the supply company’s business operated by him, and the motive and circumstances are considered, and that there are many family members to support the Defendant.

However, the Defendant had a record of being sentenced to a suspended sentence once due to driving under drinking, four times of a fine, a suspended sentence due to driving without a license, and a suspended sentence due to driving under drinking or without a license. On September 27, 2016, the Defendant was sentenced to a suspended sentence for eight months due to driving under the influence of drinking at the Changwon District Court, which was sentenced to two years due to driving under the influence of drinking in the Changwon District Court on September 27, 2016, and did not know himself/herself even though the license was revoked due to driving under the said drinking, and the distance of driving of the Defendant is not shorter than 108 km, and the Defendant’s age, environment, sex behavior, circumstances before and after the commission of the instant crime, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. As such, 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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