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(영문) 대전지방법원 2015.05.14 2015노642
도로교통법위반(무면허운전)등
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair punishment) of the original judgment (six months of imprisonment) is too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is against himself/herself; (b) there is no past history of punishment until now; (c) the Defendant sells his/her own vehicle; and (d) the Defendant does not commit the same crime again; and (d) the Defendant is aged.

However, in full view of the following factors: (a) the Defendant committed the same crime without being aware of during the period of suspension of execution due to the same crime; (b) the Defendant was punished on six occasions (two times a suspended sentence of imprisonment, two times a suspended sentence of imprisonment); and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) all of the sentencing conditions, including the circumstances after the crime, etc., the sentence of the lower court is too unreasonable.

3. 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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