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(영문) 의정부지방법원 2016.08.25 2016노1461
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

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

Judgment

In the past, as stated in the first head of the crime in the judgment of the court below, the Defendant had been sentenced two times to a suspended sentence of imprisonment due to a violation of road traffic law (non-licensed driving), and in particular, on August 15, 2015, the Defendant was subject to special amnesty, but committed the instant crime only three months thereafter.

In addition, the defendant seems to have significantly lacking the awareness of order or compliance, such as the fact that he/she has been punished several times as a crime of violating the Road Traffic Act.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

Therefore, the defendant's appeal is without merit, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. However, the first head crime record of the judgment of the court below is clearly stated in the judgment of the court below that "the defendant is sentenced to a suspension of the execution of six months of imprisonment with labor for a crime of violating road traffic law (non-licenseless driving) at the Jung-gu District Court on November 25, 2010" is a clerical error. Thus, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the defendant's appeal ex officio is corrected as follows: "the defendant is sentenced to a suspension of the execution of four months of imprisonment with labor for a crime of violating road traffic law (non-licenseless driving) at the Jung-gu District Court on November 25, 2010."

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