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(영문) 의정부지방법원 2021.03.16 2020노1363
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

The main point of the grounds for appeal is that the lower court’s punishment (3 million won) is too unreasonable.

Judgment

It is more favorable that the defendant recognized the crime of this case more than once in the first instance, and reflects his mistake, that the distance of the defendant's driving is not less than 10 meters, that the defendant did not have any record of punishment due to driving without a license, and that the defendant's health condition seems to be relatively good.

However, the Defendant was sentenced to a fine due to drinking driving in 2016, and the driver’s license was revoked on the ground that the Defendant did not take necessary measures such as aiding the victim after causing a traffic accident causing human damage in 2018. For the same reason, the Defendant committed the instant crime during the suspension of execution without being aware of the sentence of imprisonment, even though he was sentenced to a suspended sentence of imprisonment due to a crime of violation of the Road Traffic Act (unnecessary Measures after Accidents) and a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or a prime sentence), and committed the instant crime

Considering the circumstances favorable to the defendant and the unfavorable circumstances, comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, circumstances after the crime, and circumstances after the crime, it is difficult to view that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's argument of sentencing is not accepted.

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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