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(영문) 서울중앙지방법원 2018.05.17 2018노571
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable.

2. It is reasonable to take into account the circumstances favorable to the defendant, such as the fact that the defendant recognized the facts of crime and divided, and that there is a family member to support.

However, in full view of the following circumstances: (a) the Defendant had been punished seven times or more for various traffic-related crimes, including drinking and unlicensed driving; (b) the Defendant committed the instant crime again during the period of the suspension of the execution of the same kind of crime, such as the record of the first head of the crime in the lower judgment; and (c) the Defendant’s age, sexual conduct, environment, background and consequence of the crime; and (d) other various circumstances, which are the conditions for sentencing as shown in the records and arguments, such as the circumstances after the crime, are too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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