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(영문) 대전지방법원 2015.04.22 2015노399
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) that the court below sentenced against the defendant is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant led to the confession of the crime of this case and reflects his depth on his mistake, that the driving distance is not relatively long, and that there is a family member to support the defendant.

However, the Defendant committed the instant crime again even though he/she was sentenced to a punishment once, once a suspended sentence, and four times a fine due to the same crime, completed the execution of the sentence due to the same crime, and was sentenced to a fine for the same kind of crime within the period of repeated crime, and was sentenced to a fine once again, and the Defendant was disqualified for the suspended sentence. The Defendant is disadvantageous to the Defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the lower court’s sentence is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is not acceptable.

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

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