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(영문) 대구지방법원 2017.03.23 2017노71
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (2.5 million won) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the Defendant is a recipient of basic living, suffers from a disability with re-regrative disorder, etc., and reflects his/her wrong recognition.

However, despite the fact that the defendant has already been punished for the same crime including the crime of violating the Road Traffic Act (unlicensed driving), there is a large degree of criticism in that he again committed the crime of this case, and did not receive any tolerance from the victim.

In light of the above circumstances and other conditions of sentencing as shown in the records and arguments, including the character and conduct, the environment, and the circumstances after the crime, and the circumstances where there is no change in the conditions of sentencing compared to the first instance court and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of the above circumstances, the lower court’s punishment is too unreasonable.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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