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(영문) 수원지방법원 2017.12.08 2017노7326
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The fact that the defendant recognized his mistake and reflected against the defendant is favorable to the defendant; however, the defendant has been punished several times due to a traffic-related crime, such as a non-licensed driving crime; in particular, the defendant repeatedly committed a non-licensed driving crime over four times a year including the instant crime, and is disadvantageous to the defendant.

In light of the above circumstances and other circumstances, the crime of this case was committed in violation of the Act on the Promotion of Game Industry, which became final and conclusive as of September 1, 2017, and the concurrent crime relationship between the latter and the latter after Article 37 of the Criminal Act, and it is necessary to determine the punishment in consideration of equity with the case at the same time, and the sentencing conditions indicated in the records, such as Defendant’s age, sex, environment, background of the crime, circumstances after the crime, etc., it is difficult to view that the sentence of the lower court is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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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