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(영문) 창원지방법원 2016.08.18 2016노1283
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. We can take into account the following circumstances: (a) a single studio; (b) a confession and reflect on a criminal fact; and (c) a vehicle driven when committing the instant crime.

On the other hand, the defendant was punished five times in total due to driving without a license in 2004, including a sentence of imprisonment for three months for driving without a license for driving without a license for drinking alcohol in 2004, and in particular, the defendant was sentenced to two years of a suspended sentence in 2014 for refusing to measure drinking alcohol and driving without a license for driving without a license in 2014. The defendant was sentenced to a fine of 2.5 million won for driving without a license in 2015. Nevertheless, in addition, considering the fact that the defendant committed the crime of driving without a license in this case during the same suspended sentence, and caused a traffic accident while driving without a license for driving of this case, it is inevitable to pronounce strict sentence against the defendant.

In addition, taking into account the overall circumstances, the lower court is deemed to have determined the sentence against the Defendant by taking account of the Defendant’s age, environment, sexual conduct, motive for the commission of the crime, circumstances before and after the commission of the crime, and other various circumstances, which are the conditions for the sentencing as shown in the records and arguments of this case, it is not deemed that the lower court’s punishment is too unreasonable.

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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