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(영문) 광주지방법원 2017.09.19 2017노2594
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. That the defendant would not again refrain from committing a crime of drinking and non-licensed driving;

At the same time, the vehicle was disposed of.

However, the crime of this case committed again without being aware of the fact that the defendant was under the suspension of the execution of imprisonment with prison labor due to the crime of drinking driving, and the crime of this case committed again without a license even though it was under the suspension of the execution of imprisonment

The Defendant had been punished for three times due to drinking driving, and in particular, even from 2013, the Defendant committed a crime of drinking or non-licensed driving on five occasions including the instant crime.

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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