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(영문) 창원지방법원 2018.01.11 2017노1357
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the accused acknowledges and reflects the crime, the fact that the accused appears to have disposed of the vehicle driven by the defendant, and the family members to support the accused.

However, the defendant was sentenced to a fine once due to drinking driving, a suspended sentence, a one-time suspension of execution, a fine for driving without a license, and a one-time suspension of execution due to driving without license, and a one-time suspension of execution. The defendant was sentenced to a two-year suspension of execution due to driving without license for drinking in 2015, and was sentenced to a two-year suspension of execution due to driving without license for drinking in 2015, while he was sentenced to a two-year suspension of execution, he was sentenced to a two-year suspension of execution due to driving without license for drinking in 2015, and he did not know about the two-year suspension period, and the distance of driving of the defendant is not short, and it is difficult for the defendant to be sentenced to a fine again for the reason that the defendant's driving is likely to be harmful to the defendant, taking full account of the defendant's age, environment, sex, circumstances of the crime, and circumstances before and after the crime, it cannot be deemed that the sentence imposed by the court below is too unfair.

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

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