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(영문) 수원지방법원 2014.06.05 2013노5923
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the lower court’s punishment (one year and six months of imprisonment, three years of suspended execution, two years of probation, two years of social service, 120 hours of social service, 80 hours of compliance driving curriculum) is too unreasonable;

2. The judgment of the court below is taking into account the fact that the defendant led to the confession of the crime in this case, and the driving without a drinking license is an offense which may cause damage not only to an individual but also to another person's life, and thus requires a strict punishment. The defendant has already been punished five times due to a drinking driving and four times due to a driving without a license, but again constitutes the crime in this case. In addition, taking into account the defendant's age, character and behavior, environment, circumstances before and after the crime, etc., and all of the sentencing conditions shown in the records and arguments of this case, it cannot be deemed unfair since the court below's punishment is too excessive.

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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