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(영문) 창원지방법원 2017.09.21 2016노2951
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (4 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the Defendant recognized and reflected the instant crime, the fact that the instant crime was committed in a simple unauthorized driving, and the Defendant’s wife and children, etc., are favorable to the Defendant.

However, the Defendant had been punished seven times due to drinking or non-licensed driving, and in particular, on September 10, 2015, the Defendant was sentenced to a two-year suspended sentence on the 18th day of the same month by drinking driving at the Ulsan District Court, which became final and conclusive on September 10, 2015, and was still under suspended execution, and in addition, the Defendant committed the same kind of crime in the instant case at the same time, there are no special circumstances or changes in circumstances that may be newly considered in the trial, and other circumstances that form the conditions for sentencing as shown in the instant records and arguments, such as the Defendant’s age, environment, sex, motive for committing the crime, and circumstances before and after committing the crime, it cannot be deemed that the lower court’s sentence is too unreasonable

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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