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(영문) 광주지방법원 2013.06.21 2013노904
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the court below is too heavy when considering various circumstances against the defendant in light of the summary of the grounds for appeal.

2. The judgment of the defendant recognized his mistake and repented in depth, and the crime of this case is a simple and unlicensed driver who does not involve drinking or traffic accident, etc. is favorable to the defendant.

However, the Defendant has been punished several times as a traffic-related crime (one suspended sentence, seven times). In particular, considering the fact that on April 12, 201, the Defendant committed the instant crime even though he was sentenced to a two-year suspended sentence of imprisonment for the same crime in the Gwangju District Court Branch Branch of the Gwangju District Court for the same crime on April 12, 201, and even before the instant case, he was sentenced to a fine for violation of the Road Traffic Act (unlicensed Driving) and was sentenced to a fine during the aforementioned suspended sentence, it is inevitable to severely punish the Defendant.

In light of these circumstances, if all the sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, family environment, etc., are taken into consideration, the lower court’s sentence cannot be deemed to be too unreasonable, and thus, the Defendant’s assertion

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

However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, the first head of the judgment of the court below is sentenced to a suspended sentence of six months for a violation of the Road Traffic Act in the application of the Gwangju District Court on April 12, 2011.

4. 20. The above judgment has become final and conclusive and has five-time electric records of driving without a license during the grace period.

(1) If the section is deleted, correction shall be made

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