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(영문) 창원지방법원 2017.02.02 2016노3321
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.

2. The Defendant’s confession of facts constituting a crime and reflects the fact, and the fact that the Defendant’s disposal of the vehicle after the instant crime is not a crackdown by causing a traffic accident, is favorable to the Defendant.

However, the Defendant, upon driving without a license in 2016, was sentenced to a fine of one million won, one million won, two-year suspended sentence due to driving without a license, and the Defendant was sentenced to a fine of two-year suspended sentence due to driving without a license for drinking, and there are several occasions in which he was sentenced to a fine due to driving without a license for the same kind of crime, despite the fact that the period of suspended sentence is still under the same kind of crime, and that there is no special change in the trial, and there is no other circumstances that are the conditions for sentencing as shown in the records and arguments of the instant case, such as the Defendant’s age, environment, sex behavior, motive for the crime, and conditions before and after the crime. In full view of these various circumstances, the lower court’s sentence 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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