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(영문) 광주지방법원 2017.04.18 2017노162
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The judgment of the Defendant has the record of being punished several times due to drinking or non-licensed driving, and the Defendant was sentenced to a fine and a suspended sentence of imprisonment with prison labor, even if he/she was sentenced to a suspended sentence, and in particular, even if driving without a license is discovered, it is inevitable to sentence the Defendant on the ground that it is not good to commit a crime by driving without a license again on the five-day basis.

In addition, considering the sentencing conditions shown in the instant case, such as the Defendant’s age, sex, and environment, the lower court’s punishment is only within the reasonable scope of discretion and is too heavy.

shall not be deemed to exist.

Therefore, the defendant's assertion is not accepted.

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

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