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(영문) 수원지방법원 2017.11.22 2017노7072
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. That the defendant would not once again drive a drinking or drive a unauthorized driver's license;

The circumstances, etc. are recognized.

However, in full view of the following facts: (a) the Defendant was sentenced to a suspended sentence of 4 months for a crime of violating the Road Traffic Act (non-licensed driving) in 2004; (b) the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving on October 2016) and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury); and (c) there was several criminal records related to the same kind of traffic at several times; (d) the Defendant was sentenced to several criminal records; (e) the Defendant committed the crime again on May 26, 2017 without being aware of the fact that he was prosecuted for the crime on March 6, 201; and (e) the Defendant’s age, sex and family environment; and (e) other various sentencing conditions specified in the instant pleadings, such as the motive, means, and consequence of the crime; and (e) the Defendant’s assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition by the assent of all participating Justices (see, e.g., Supreme Court Decision 2009Da36440, Sept. 21, 2017).

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