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(영문) 부산지방법원 2018.02.08 2017노3277
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the Defendant are recognized, such as the fact that the Defendant led to the confession of the instant crime and reflects the mistake, and that the Defendant’s wife and two children’s living conditions are difficult due to the Defendant’s detention.

However, the crime of this case is deemed to have driven a truck without a driver's license by the defendant, and the criminal liability is heavy in light of the facts of the crime, the defendant has been punished for the same crime several times, the defendant committed the crime of this case again during the suspension period of the execution of the same crime, the Korean Criminal Litigation Act, which adopts the trial-oriented principle and the principle of direct supervision, has the unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first trial and the first trial sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances favorable to the above recognized defendant do not fall under any special change of circumstances that could change the sentence of the court below after the sentence of the court below was sentenced, and there is no other special circumstance that the defendant's age, sexual behavior, environment, etc., which are the conditions of the sentencing in this case's pleading, so it cannot be deemed unfair for the court below's punishment against the defendant.

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

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