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(영문) 대구지방법원 2017.05.25 2016노4818
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the two-year probation period, the observation of protection, the community service, and the forty-hour lecture of compliance driving) is too unreasonable.

2. However, it is recognized that the Defendant’s mistake is against the Defendant while attempting to commit the instant crime, and that the driving distance is about about 20 meters.

However, even though the defendant had been punished three times due to the violation of the Road Traffic Act (unlicensed driving), there is a great degree of criticism in that he/she committed the crime of this case again, even though he/she had committed the violation of the Road Traffic Act 10 times.

In light of the above circumstances and other conditions, including the Defendant’s age, sex, environment, occupation, and background of the crime, and the conditions of sentencing indicated in the records, where there is no change in the conditions of sentencing compared to the first instance trial, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), 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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