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(영문) 전주지방법원 2016.12.16 2016노1532
도로교통법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (e.g., imprisonment with prison labor for a maximum period of eight months) by the lower court, the Defendant asserts that the prosecutor is too uneased and unreasonable.

2. The circumstances favorable to the Defendant include the fact that the Defendant recognized the instant crime as a juvenile of 18 years of age, and reflects the mistake, and that the degree of damage to the damaged passenger vehicle is not much serious.

On the other hand, the crime of this case was committed by the defendant while driving a vehicle without a driver's license, and it is not good to the quality of the crime by causing a passenger to make a false statement to the investigation agency that he driven a vehicle by the same passenger, and the defendant has been already subject to a protective disposition twice as a crime of violation of the Road Traffic Act (unlicensed Driving). In addition, on December 23, 2015, at the Jeonju District Court sentenced two years to a suspended sentence for 8 months due to the crime of violation of the Road Traffic Act (Unlicensed Driving) at the Jeonju District Court on December 23, 2015, which committed the crime of this case without being aware of the fact that he was under the suspended sentence, and the defendant committed the crime of this case on the ground that he was a minor even before being subject to a proper disposition but did not make improvement, and that he did not make any effort to recover the damage of the victim until it reaches the trial.

In full view of the above circumstances and other factors of the instant crime, the Defendant’s age, character and conduct, and environment, etc. as well as the various sentencing conditions indicated in the instant records and arguments, it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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