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(영문) 대전지방법원 2014.10.22 2014노2228
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than six months) of the lower court’s sentence against the Defendant is too unreasonable.

2. In light of the above, a favorable circumstance is recognized such as the Defendant’s confession of each of the crimes of this case and reflects his mistake, the Defendant appears to have been an opportunity to satisfy and satisfy his conviction through confinement life for about three months, the Defendant’s economic situation is not good, and the Defendant’s family members want to take the Defendant’s wife against the Defendant.

However, since an unlicensed driving act is highly likely to cause harm to another person's life and body as well as himself, it is not less weak that the nature of the crime is applied to the defendant, it is nine times the criminal punishment for driving without a license for drinking alcohol, and three times the criminal punishment is more than a suspended sentence. On October 11, 2012, the defendant was sentenced by the Daejeon District Court for eight months for the crime of violation of the Road Traffic Act at Daejeon District Court on June 10, 2013, and the execution of the sentence was completed on June 10, 2013. After being sentenced to a fine at the Daejeon District Court on February 6, 2014, the defendant committed the crime of this case again without care despite being sentenced to the fine at the Daejeon District Court on February 6, 2014, and considering all the circumstances such as the defendant's age, character and behavior, environment, etc., the defendant's sentencing condition cannot be justified.

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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