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(영문) 대구지방법원 2018.05.25 2018노1198
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the judgment defendant recognized each of the crimes of this case and reflected against the defendant.

However, each of the crimes of this case is found to be that the defendant, while driving without a license, was requested by the police officer to produce a driver's license, and that the crime is not good. The defendant has been punished four times by a fine due to driving without a license, the defendant has a history of being punished by a suspended sentence of imprisonment once due to a one-time imprisonment, the driver without a license again driving without a license again during the suspended sentence period due to a non-license, and if the sentence of this case becomes final and conclusive, the defendant must also serve for four months after the suspended sentence is sentenced to imprisonment.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court 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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