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(영문) 의정부지방법원 2019.11.29 2018노3768
도로법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unreasonable.

2. The judgment is a favorable condition that the defendant recognized the crime of this case and reflected, and that the defendant has no record of being punished for the same crime.

However, in light of the fact that the Defendant carried the cargo repeatedly by repeatedly entering the I and J in Mangsan-dong-gu H, and accordingly, it seems that the Defendant had been aware of the road situation near the expressway charges, the Defendant acquired the cargo transport license on October 7, 2016, and thereafter, it is difficult to see that he had a cargo transport career in light of the fact that he had been employed by E and operated the cargo vehicle from December 26, 2017 to March 30, 2018, and that the Defendant passed the lane in the third time.

In full view of such circumstances as well as the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

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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