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(영문) 의정부지방법원 2016.07.21 2016노1182
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. It is recognized that the Defendant’s health condition is not good, and that the Defendant appears not to repeat the crime by disposing of the vehicle.

However, the defendant has reached eight times the history of violation of the Road Traffic Act, such as drinking and unlicensed driving, and in particular, even during the suspension of the execution of imprisonment due to non-licenseless driving, the defendant committed the same crime, which was committed again, and was exposed to the police by violating the signal, and has not been operated.

Considering the sentencing factors favorable to the defendant, it is judged that the sentence of the defendant is necessary to be sentenced in order to achieve the preventive purpose of the punishment.

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.

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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