(영문) 서울북부지방법원 2019.02.01 2018노2166

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Reasons

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(영문) 서울북부지방법원 2019.02.01 2018노2166

도로교통법위반(무면허운전)

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) of the lower court against the Defendant is too minor or unreasonable.

2. We examine both the prosecutor and the defendant's grounds for appeal and the defendant's assertion of unreasonable sentencing.

The defendant recognizes the crime up to the trial, repents his mistake, and there is no history of imprisonment with prison labor prior to the crime of this case.

However, on the other hand, the court below seems to have determined the punishment by considering all favorable circumstances for the defendant as above, and there is no special circumstance or change of circumstances that can be newly considered in sentencing after the sentence of the court below.

In particular, even though a driver's license was revoked due to a drunk driving in around 2015 before the instant crime was committed, the Defendant was sentenced to a fine of KRW 8 million for again committing a crime without a license in around 2016, and again sentenced to a fine of KRW 2 million for committing a crime without a license in around 2017, and again sentenced to a punishment of KRW 10,000 for committing a crime without a license in around 2018, and again sentenced to a 10-month imprisonment and a suspended sentence of 2 years for committing a crime without a license in 2018, and again committed the instant crime before three months have passed since the judgment

In full view of other circumstances that form the conditions for the pleadings and the sentencing recorded in the records of the instant case, such as the Defendant’s age, character and conduct, environment, motive and background of the offense, means and methods of the offense, and the circumstances after the offense, etc., the above sentence imposed by the lower court shall not be deemed to be inappropriate, too minor, or unreasonable.

All the arguments of the prosecutor and the defendant are without merit.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the prosecutor and the defendant are without merit. It is

참조조문

-형사소송법 제364조 제4항

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