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(영문) 대전지방법원 2015.01.28 2014노3561
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than six months) of the lower court’s sentence against the Defendant is too unreasonable.

2. The determination is based on favorable circumstances, such as the fact that the Defendant led to the instant crime and reflects his mistake, that there was a family member to support the Defendant, that it seems that the Defendant had an opportunity to satisfe and satisfe the unity of punishment through confinement life exceeding 2 months, and that where the sentence of the instant case becomes final and conclusive, the previous suspended sentence becomes void.

However, since the act of driving without a license is highly likely to cause harm to the life and body of others as well as himself, the nature of the crime is not weak, the defendant's age, character and environment, the motive and circumstances leading to the crime of this case, the motive and circumstances leading to the crime of this case, and the circumstances leading to the crime of this case in the records, etc. are considered, and the defendant was sentenced to two years of the suspended sentence in the Daejeon District Court on June 20, 2014 and was sentenced to two years of the suspended sentence for the crime of violation of the Road Traffic Act (unlicensed Driving) at the Daejeon District Court on June 28, 2014, and was sentenced to two years of the suspended sentence for the crime of this case. The defendant again committed the crime of this case during the suspended sentence for which one month has not passed since the judgment became final and conclusive, and it seems that the risk of repeating the crime of this case is high. In full view of all the circumstances that become the conditions of the punishment of this case as shown in the records, the above assertion by the court below is unreasonable.

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

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