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(영문) 서울동부지방법원 2018.05.03 2017노1944
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. The Defendant believed that the execution of the instant driver’s license was suspended.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.

Judgment

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding the assertion of mistake, the lower court acknowledged the fact that the Defendant’s driver’s license was revoked on March 27, 2017, and the Defendant filed a lawsuit with the Seoul Administrative Court on July 10, 2017 seeking the revocation of a driver’s license under the 2017Gudan 21619, and filed an application with the Seoul Administrative Court for the suspension of execution of the instant driver’s license under the 2017 Aar 1715 on the same day, and the said court’s trial date on July 21, 2017, and then dismissed the said application for suspension of execution on September 1, 2017, which was later on August 9, 2017, on which the driver’s license was unregistered as stated in the instant facts charged, and according to the above facts, the execution of the driver’s license was not suspended at the time of the instant non-exclusive driver’s license.

Therefore, the defendant's assertion of mistake of the above facts is without merit.

Considering that the defendant's above assertion was alleged to the purport that the disposition of driver's license was suspended at the time when the defendant drives without a driver's license stated in the indictment, and the defendant's mistake that the disposition of driver's license was not a crime under the law, it cannot be deemed that the defendant's mistake that the defendant's disposition of driver's license was suspended due to the reason that he applied for suspension of execution of the period of examination

B. In light of the following factors: (a) the instant operational distance from the instant argument for sentencing exceeds 7 km; and (b) the Defendant’s age, sexual conduct, environment; and the motive, means, and consequence of each of the instant crimes; and (c) the circumstances after the commission of the crime, the lower court’s punishment against the Defendant is too unreasonable.

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