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(영문) 부산지방법원 2015.12.03 2015노3269
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below is too unreasonable in light of various sentencing conditions in light of the gist of the grounds for appeal.

2. The circumstances favorable to the defendant are that the defendant recognized the crime of this case and reflected in the judgment on the grounds of appeal, and that there are some some circumstances to consider the circumstances leading to the crime of this case.

However, since 2010, the Defendant has been punished four times or more for the crime of violation of the Road Traffic Act (unlicensed Driving) and operated a motor vehicle without obtaining a driver's license, even though the Defendant had been in the period of repeated crime due to the violation of the Act on the Control of Narcotics, Etc. (fence), and without obtaining a driver's license again. In light of the above criminal record relation and the fact that the Defendant did not have obtained a driver's license, the instant crime is not less complicated, and there is no change of circumstances that may be considered for sentencing from the judgment of the court below to the trial, and there is no change of circumstances that may be considered for sentencing from the judgment of the court below to the trial, and other various circumstances, including the Defendant's age, character and behavior, environment, health condition, motive and circumstance of the crime, and circumstances after the crime

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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