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(영문) 서울동부지방법원 2015.08.20 2015노489
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty imposed by the lower court (three million won of a fine) is excessively unreasonable.

2. The judgment is the favorable circumstances for the defendant, such as the fact that the defendant led to confession and reflects the crime of this case, and that there is no previous conviction beyond the fine.

On the other hand, even though the defendant had been punished 29 times in total, including the same crime, he/she again committed a repeated crime during the period of repeated crime without being aware of it, and the occurrence of traffic accidents in the state of unauthorized license, and the liability for such crime is grave, etc., which are disadvantageous to the defendant. On the other hand, considering all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence as shown in the argument of this case, and the circumstances after the crime, it does not seem that the sentence imposed by the court below is too unreasonable.

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

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