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(영문) 부산지방법원 2017.05.02 2017노717
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the Defendant on the summary of the grounds of appeal (the penalty amounting to KRW 3,000,000) is too unreasonable.

2. The circumstances favorable to the Defendant are recognized, such as the confession of the instant crime by the Defendant, against the mistake, etc.

However, it is reasonable to respect the crime of this case where the defendant drives a car without a driver's license and the criminal liability is heavy in light of the facts of the crime; the defendant has been punished several times for the same crime; the defendant has the history of having been punished for the same crime; the Korean Criminal Procedure Act, which adopts the trial-oriented principle and the principle of directness, has its unique area of deliberation; the sentencing judgment has no change in the sentencing conditions compared with the first instance court; and the first instance sentencing does not exceed the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable circumstances favorable to the recognized defendant do not fall under a special change in circumstances that can change the sentence of the court below after the sentence of the court below was pronounced, and it does not seem unfair since the court's punishment against the defendant is too unreasonable, taking into account all all the circumstances that form the conditions of the sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, and environment.

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

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