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(영문) 창원지방법원 2016.09.29 2016노1721
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.

2. The judgment that the defendant led to confession of the crime and reflects the fact of the crime, and that the vehicle operated at the time of the crime of this case was scrapped is favorable to the defendant.

However, the Defendant again committed the instant crime even though he was under the period of the probation, and was found to have been sentenced to a fine of one million won, a fine of three million won, and a fine of three million won as a result of driving without a license in 2015. The Defendant was sentenced to a fine for one of the crimes committed during the period of the above probation. In full view of other various circumstances, such as the Defendant’s age, environment, sex, motive for the crime, and circumstances before and after the crime, which are the conditions for the punishment as shown in the instant records and arguments, the lower court’s sentence cannot be deemed to be unfair because it is too excessive.

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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