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(영문) 창원지방법원 2020.09.24 2020노1636
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is too unreasonable.

2. The following can be considered in light of favorable circumstances: (a) the Defendant’s misjudgments and reflects the Defendant’s mistake; (b) the Defendant’s branch wants the Defendant’s wife; and (c) if the Defendant’s imprisonment without prison labor or heavier punishment is finalized in this case, the Defendant’s prison labor with prison labor already suspended may be considered.

However, even though the Defendant was placed in the front of a large number of crimes of driving without a license and driving without a license in the past, the Defendant’s driver’s license was revoked due to the crime of driving without a license, and at the time of the commencement of the suspension of the execution of imprisonment and the probation period, the Defendant violated the matters to be observed for probation (not driving until the acquisition of driver’s license) and committed the instant crime.

Therefore, it is difficult to treat the defendant any longer.

As above, the lower court appears to have determined the punishment within the reasonable scope of discretion by fully taking into account the favorable or unfavorable circumstances to the Defendant, and there is no special change in circumstances that could change the sentencing after the lower judgment.

In addition, examining the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and criminal records, various sentencing conditions shown in the records and arguments of this case, it does not seem that the sentence of the court below against the defendant is too unreasonable.

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

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