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(영문) 수원지방법원 2016.10.07 2016노5270
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (4 months of imprisonment) by the lower court is too unreasonable.

2. It is true that there are conditions for sentencing favorable to the defendant, such as the fact that the defendant recognized the instant crime and reflects it.

However, even before committing the instant crime, the Defendant had the same record of criminal punishment as the same crime, and in particular, even if he/she was under investigation on December 10, 2015 when driving without a license and without a license on January 9, 2016 when he/she was under investigation, he/she was sentenced to a two-year suspended sentence on March 9, 2016 and was sentenced to a two-year suspended sentence on March 17, 2016, and was under investigation on March 17, 2016, when he/she was sentenced to a two-year suspended sentence, and even if he/she was under the final judgment on March 17, 2016, he/she was under the condition of sentencing as indicated in the instant case, such as the Defendant’s age, character and behavior, environment, family relationship, etc., even if considering the circumstances where he/she was sentenced to the said suspended sentence, the Defendant and his/her defense counsel’s aforementioned assertion of unfair sentencing is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.

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