logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.11.27 2020노1011
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Although the Defendant is currently taking a large amount of debt and suffers from economic difficulties, the Defendant has to support his/her parents with disability and disability, and there is no circumstance to consider some of the motive and circumstances leading to the instant crime.

However, the Defendant committed the instant crime even though he was punished by a fine on two occasions or for drinking driving, and the driver’s license was revoked.

Even if the materials submitted in the trial, there is no significant change in the conditions of sentencing compared with the original trial.

In addition, considering the Defendant’s age, character and conduct, intelligence and environment, health and property status, family relationship and social ties, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentencing of the lower court cannot be deemed unfair because it excessively goes beyond the reasonable scope of discretion.

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

arrow