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(영문) 인천지방법원 2014.09.17 2014노1385
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the disposition of suspension of driver's license against the defendant in mistake of mistake is unfair, the defendant's driving of this case is not a driving without permission.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court in the erroneous determination of facts, the Defendant was subject to a disposition of suspension of a driver’s license for 50 days from January 31, 2014 to March 21, 2014, and on February 24, 2014, the Defendant issued a summary order of KRW 1.5 million for the foregoing drunk driving, and otherwise the said disposition of suspension of a driver’s license was revoked.

The defendant's assertion is without merit, since there is no material to see that the above disposition has a significant and obvious defect.

B. In full view of all the sentencing conditions indicated in the records and arguments of the instant case of unfair sentencing, the lower court’s punishment is too unreasonable.

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

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