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(영문) 창원지방법원 2016.08.11 2016노1333
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (one year of imprisonment and a fine of 300,000 won) is too unreasonable.

2. It is recognized that the judgment of the defendant led to the confession of the crime and reflects on the crime, and that the damaged goods of the thief of this case are deemed to have been returned to the victim and have been restored.

However, the Defendant committed each of the instant crimes, even though he/she was sentenced to imprisonment for the same kind of crime due to drinking or non-licensed driving in 2007, 2000 won, 2 years of suspended sentence of imprisonment for 8 months, 2 years of unlicensed driving in 2008, 2 years of suspended sentence of imprisonment for the same crime due to drinking or non-licensed driving in 2010, 2010, and 6 months of imprisonment for the same crime. The Defendant again committed each of the instant crimes even during the period of a repeated crime of the said imprisonment, even though he/she was under the period of a repeated crime of the said imprisonment, she was under the control of driving without a license on October 26, 2015 and was investigated, and thereafter committed each of the following crimes. In full view of the following circumstances, the Defendant’s records and circumstances that were considerably high in alcohol concentration at the time of driving without a license on December 12, 2015, and there were no special motive for the Defendant to commit the instant crime.

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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