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(영문) 광주지방법원 2017.11.28 2017노3473
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. There are extenuating circumstances in which the Defendant committed the instant crime, and the health of the Defendant is not good.

However, the crime of this case is committed by the defendant, who was sentenced to a suspended sentence of imprisonment due to the crime of drinking driving, and the judgment became final and conclusive, without being able to do so only once again, and the nature of the crime is considerably heavy.

The defendant has been punished three times for the crime of driving without a license and for the crime of driving without a license.

In addition, there is no change in the circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not recognized as unfair because it is too unreasonable.

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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