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(영문) 부산지방법원 2015.12.24 2015노2736
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years of imprisonment with prison labor for four months and twenty hours of order to attend a compliance driving lecture) is too unreasonable in light of the main sentence of the grounds for appeal.

2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case and reflected in the determination of the grounds for appeal of this case, and that there are some some circumstances to consider the circumstances leading to the crime of this case.

However, since 2013, the Defendant driving a motor vehicle without obtaining a driver's license, even though he had been punished three times or more as a crime of violation of the Road Traffic Act (unlicensed Driving), and without obtaining a driver's license. In light of the above previous conviction relation, the Defendant did not have obtained a driver's license, and the facts that the instant crime is not less complicated, and there is no change of circumstances that may be considered in sentencing from the judgment of the court below to the trial, and there are no other circumstances that are the conditions for sentencing as shown in the instant records and arguments, such as the Defendant's age, character, character, environment, health conditions, motive and circumstance of the crime, and circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is too excessive.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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