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(영문) 광주지방법원 2017.08.17 2017노2130
도로교통법위반(무면허운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (five months of imprisonment) so long as it is too unreasonable, and the prosecutor appealed from the lower court’s punishment so far as it is too unfasible and unfair.

2. The instant crime was committed on three occasions with the history of being punished by a fine on two occasions due to driving without a license, and the Defendant committed the instant crime without being aware of the fact that the Defendant committed the instant crime without being aware of the fact that he/she repeatedly committed the instant crime even after he/she was discovered to drive without a license, and even during the suspension period of the execution of drinking driving, etc. (the suspended period was too limited at the time of the first instance judgment).

However, the fact that the defendant reflects the wrong, that the defendant actively participated in volunteer activities for the disadvantaged class of the ordinary community, and that the defendant's health status seems not good is favorable.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime, and other various sentencing conditions as shown in the instant records and pleadings, the lower court’s punishment is too heavy or unreasonable.

3. The appeal filed by both the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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