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(영문) 광주지방법원 2014.01.29 2013노2740
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. Although the defendant's mistake was recognized by the court below, the defendant at the time of the instant case was not only in a considerable state of drinking alcohol concentration of 0.246%, but also in a state of being arrested while escaping from the police officer's stop signal, the defendant was punished several times including imprisonment for the same kind of crime. In full view of the circumstances leading to the instant crime, circumstances after the commission of the crime, the defendant's age, character and conduct, and environment, it is not recognized that the sentence of the court below is too unreasonable. Thus, the defendant's argument is without merit.

3. In conclusion, 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.

[However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, the criminal records of all the facts stated in the judgment of the court below, stating that "the defendant is sentenced to six months as a result of a violation of the Road Traffic Act (driving) or a violation of the Road Traffic Act (Driving without a license) at the net support of the Gwangju District Court on May 2, 2007, and the same court on September 17, 2012, issued a summary order of five million won as a crime of violation of the Road Traffic Act (driving without a license)" are added to the criminal records stated in the judgment of the court of original instance

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