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(영문) 대전지방법원 2014.05.28 2013노2559
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 1.5 million won) imposed by the court below on the defendant is too unreasonable.

2. The circumstances favorable to the defendant are those of the age of 70, who are the disabled of the level of 6, who are not healthy due to urology, etc. due to urology, etc.

On the other hand, the defendant's argument on the driving circumstance is that the defendant living as a pension was able to arrive within the banking hours without driving the vehicle at a distance from 15:20 to 500 to 15:20 to 50 to 500 to 100 to 50 to 20. It is questionable whether the defendant's vehicle storage place was contacted with 500 to 500 to 500 to 20 to 200 to 20. Even if the defendant's vehicle storage place was located far away from the Dong-gu, dong-gu, dong-gu, Seoul, the defendant's dwelling place was located, and the defendant's vehicle storage place was not known, and the vehicle's driving time was 15:20 to 50 to 15:20 to 20 to 20, and it is difficult to believe that the defendant's deposit withdrawal can also be made outside the banking hours through a normal cash withdrawal machine, and the vehicle driven by the defendant cannot be punished for the same kind of crime including imprisonment with the defendant's.

In full view of the above circumstances and the motive leading up to the instant crime, the circumstances after the instant crime was committed, the Defendant’s age, character and conduct, family relation, environment, occupation, etc., and all the circumstances constituting the conditions for sentencing as shown in the pleadings, and there is no change in the amount of punishment with the lower court.

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