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(영문) 서울북부지방법원 2018.06.08 2018노601
도로교통법위반(무면허운전)
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 (4 months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The lower court determined that the Defendant was sentenced to imprisonment for 8 months or longer due to a crime of violating the Road Traffic Act (non-licenseless Driving) in Seoul Northern District Court on June 22, 2012, and attempted to be sentenced to a fine in this court on September 29, 2015, and was sentenced to a summary order of 3 million won or more by driving without a license on June 14, 2017, and again sentenced the Defendant to a summary order of 3 million won or more due to the above summary order of 12 times, and the Defendant again committed the Defendant’s crime of 8 months or more with no license, taking into account the fact that the Defendant’s past record of the crime seems to be disadvantageous to the Defendant’s non-licenseless driving, and that the Defendant appears to have been sentenced to a summary order of 4 months or more due to the Defendant’s ordinary traffic accident.

Since there was no change in the conditions of sentencing compared to the original judgment when the court below was in the first instance, in light of the sentencing conditions acknowledged by the lower court, the lower court’s sentencing appears to be within the reasonable scope of discretion, and the lower court’s sentencing cannot be deemed to be somewhat or unreasonable.

All of the arguments of the defendant and the prosecutor are rejected.

3. According to the conclusion, all appeals filed by the defendant and the prosecutor are without merit, and thus, they are all filed in accordance with Article 364(4) of the Criminal Procedure Act.

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