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(영문) 광주지방법원 2016.11.23 2016노3043
도로교통법위반(무면허운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination of each of the crimes of this case is an unfavorable circumstance where the defendant, who caused an accident while driving without a license, had his wife make a false statement at an investigative agency, or caused a traffic accident while driving without a license for drinking, and the quality of the crime is not good. The defendant was sentenced to a two-year suspended sentence for one year as a crime of violating the Punishment of Violences, etc. Act (Composition of Organization, etc.) on January 19, 2014 and was sentenced to a two-year suspended sentence on May 23, 2014, and the above judgment was confirmed and conclusive on May 23, 2014, and the defendant committed each of the crimes of this case without being sentenced to a suspended sentence, and the defendant was punished for the previous drunk driving

On the other hand, the fact that the defendant's mistake is properly recognized and reflected, the motor vehicle driven by the defendant is covered by comprehensive insurance, and the victim is not punished against the defendant by agreement with the victim of traffic accident.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., it is not recognized that the sentence imposed by the lower court 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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