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(영문) 광주지방법원 2017.02.09 2016노3925
도로교통법위반(무면허운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The following facts are favorable to the Defendant.

The Defendant led to confession and reflect on the crime of this case.

The instant unlicensed driving did not lead to a traffic accident.

On the other hand, the following is disadvantageous.

The Defendant committed the instant crime without being subject to suspended execution due to drinking driving, etc.

In particular, after being discovered by a driver without a license on May 9, 2016, a driver without a license was also driving at 10 days in 10 days in 201, and the driver's license was discovered by a driver without a license, and the driver's license was presented to police officers.

The Defendant was punished several times, including the suspension of imprisonment with prison labor due to unlicensed driving, etc.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the lower court’s punishment is too heavy or is not deemed unfair, and thus, the Defendant and the Prosecutor’s assertion is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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