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(영문) 창원지방법원 2021.03.26 2020노3304
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of six months and the fine of three hundred thousand won) is too unreasonable.

2. The Defendant recognized the instant crime and reflected the mistake.

After the sentence of the lower judgment, the Defendant reported the disuse of the use of the earth and rocks operated by the Defendant.

However, from 2006 to 2019, the Defendant again committed the instant crime, even though he had been punished five times due to the violation of the Road Traffic Act (unlicensed Driving) from 2006 to 3019.

Furthermore, at the time of the instant crime, the Defendant was under suspension of execution due to the violation of the Road Traffic Act (unlicensed driving) and the violation of the Guarantee of Automobile Compensation.

In full view of all the circumstances, including these circumstances, including the Defendant’s age, sex, motive for committing a crime, and circumstances after committing a crime, the sentence imposed by the lower court appears to be within the appropriate range of sentence corresponding to the responsibility, and it cannot be deemed unfair because the sentence is too unreasonable.

Therefore, the defendant's assertion 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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