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(영문) 대전지방법원 2016.09.08 2016노1979
도로교통법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the Defendant’s prosecution as to the violation of the Road Traffic Act among the facts charged in the instant case, and convicted the Defendant as to the remainder of the facts charged.

However, since the defendant appealed only the guilty portion of the judgment of the court below on the ground of unreasonable sentencing and the prosecutor did not appeal against the dismissal portion, the dismissal portion of the court below's judgment becomes final and conclusive, and only the remaining guilty portion is subject to this court'

2. The summary of the grounds for appeal (the first crime: imprisonment with prison labor for 2 months, and the second crime: imprisonment with prison labor for 8 months) declared by the court below against the defendant is too unreasonable.

3. In full view of the circumstances favorable to the defendant, including the fact that the defendant led to the crime of this case, and the fact that the crime of violating the Automobile Management Act as stated in the judgment of the court below should consider equity with the case where he was tried at the same time as the crime of the judgment of the court below became final and conclusive, but the defendant had been punished several times due to the violation of the Road Traffic Act, the violation of the Road Traffic Act, and the violation of the Road Traffic Act (unlicensed Driving), and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence, and circumstances before and after the crime, and other circumstances that the court below assessed that the court below exceeded the reasonable limit of discretion in sentencing, or there are no newly presented materials in the course of the trial of sentencing of the court below (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015).

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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