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(영문) 대전지방법원 2016.09.28 2016노2075
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 (three months of imprisonment) is too unreasonable.

2. It is recognized that the circumstances to be considered, such as the Defendant’s time to commit the instant crime, and the fact that the Defendant sold a motor vehicle to avoid repeating the instant crime, etc.

However, according to the circumstances such as the short distance of the defendant's driving, repeated driving of the same motor vehicle has been punished several times, including punishment for the same kind of crime, and the period of repeated crime due to the same crime was also the period of the crime of this case, it is reasonable to place the defendant with strict punishment.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

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

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