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(영문) 서울서부지방법원 2015.12.11 2015노1395
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one million won of a fine) is too unreasonable.

2. The fact that the defendant recognized the instant crime and reflected in the judgment is an element of sentencing favorable to the defendant.

However, the defendant has been punished several times for the violation of the Road Traffic Act, and the driver's license of this case has been revoked, and there is no change of circumstances that may be particularly considered in the sentencing factors and the trial that are disadvantageous to the defendant, such as the fact that the nature of the crime is not good. In addition, considering the defendant's age, character and conduct, the circumstances and result of the crime in this case, and the circumstances after the crime, the sentence of the court below against the defendant is proper.

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

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