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(영문) 수원지방법원 2018.08.22 2018노3328
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 (4 months of imprisonment) is too unreasonable.

2. The judgment is recognized that the defendant is in profoundly against the crime of this case, that is, the driverless driving without a license does not cause a traffic accident, that is, the violation of the Road Traffic Act (non-licenseless driving) in the judgment of the court below, that is, the concurrent crimes under Article 39(1) of the Criminal Act in relation to concurrent crimes after Article 37 of the Criminal Act and Article 39(1) of the Criminal Act, and that the defendant's health seems not good, and that his/her child and his/her mother appeal against the defendant.

However, in full view of the following circumstances: (a) the Defendant committed the instant crime again without being aware of not only during the period of repeated crimes but also during the trial due to driving without a license due to the same type of crime; and (b) the Defendant’s age, sex, environment, motive and circumstance of the crime, means and consequence, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

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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