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(영문) 부산지방법원 2017.10.13 2017노2943
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment defendant led to the confession of the crime and repented his mistake.

However, the Defendant has been sentenced to a fine and a penal punishment for a total time, and there was a record of being punished several times due to drinking or non-licensed driving, and the Defendant committed each of the instant offenses during the repeated crime period without being aware of the fact that he/she was sentenced to a fine for a repeated crime due to fraud, etc., and at the same time, he/she committed each of the instant offenses during the repeated crime period, and the distance of driving without a license is about 20 km, and the Defendant’s age, sex, environment, motive, means, and consequence of each of the instant offenses, and all of the sentencing conditions indicated in the instant arguments, such as the motive, means, and consequence of each of the instant offenses, are considered as unfair because the lower court’s punishment is too excessive.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the assent of all participating Justices (see, e.g., Supreme Court Decision 200Da36444, Apr. 2, 200).

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