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(영문) 의정부지방법원 2014.01.10 2013노2353
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (five months of imprisonment) is too unreasonable.

2. The judgment is a sentencing data favorable to the defendant, such as the fact that the defendant repents his mistake and reflects his mistake, the fact that the defendant's workplace operated by the defendant seems to have faced economic difficulties due to the reasons such as the transfer of the defendant's workplace to fire twice, and the fact that the defendant appears to have been receiving hospital treatment due to the chain of defluence, etc.

However, the defendant not only has a past sentence but also has the same criminal records at least three times, and in particular, the defendant has been sentenced to a suspended sentence of four months to imprisonment with prison labor at the Jung-gu District Court on March 19, 2010 on March 27, 2010 and the judgment becomes final and conclusive on March 27, 2010. In full view of the following two months after the above judgment became final and conclusive, the defendant's age, character, character, family relation, environment, occupation, circumstance and details leading to the crime of this case, and all other circumstances that form the sentencing conditions in the records, such as the crime, etc., the sentence of the court below cannot be deemed to be too unreasonable, and the defendant's above assertion is not reasonable.

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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