208No129 Violation of the Road Traffic Act (Non-licensed Driving)

000 (00000-00000), 00

dwelling Gangseo-si O0000000

5000000000

Defendant

Gangnam-gu

Attorney OOO

Chuncheon District Court Decision 2007Ma314 Decided February 5, 2008

April 4, 2008

The defendant's appeal is dismissed.

55 days out of the number of days of confinement before the pronouncement of this judgment shall be included in the penalty of the original judgment.

1. Summary of grounds for appeal;

In light of the fact that the defendant reflects his mistake in depth, there are circumstances that may be considered in the course of driving without the license of this case, the old-age of 90 years of age with heavy wind, and the defendant is responsible for the livelihood of his wife and children, the sentence of the court below against the defendant is too unreasonable.

2. Determination

In addition, the defendant has been punished five times for the same crime, and in particular, on January 17, 2007, the defendant was sentenced to a suspended sentence of two years for the violation of the Road Traffic Act (driving without a license) and the violation of the Road Traffic Act (driving without a license) on June 27, 2007, and committed the same kind of crime at another time on the 27th of the same month without being aware of the fact that the judgment became final and conclusive and conclusive on the 27th of the same month, and without being aware of the fact during the suspended period of enforcement, and other various circumstances that form the basis for sentencing specified in the records of this case, such as the defendant's occupation, age, character and behavior, environment, motive, means and consequence of the crime, the court below's sentence against the defendant is reasonable even if considering all the circumstances asserted by the defendant. Thus, the defendant'

3. Conclusion

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and by applying Article 57 of the Criminal Act, 55 days out of the number of days of confinement before the judgment is rendered shall be included in the punishment of the court below. It is so decided as per

Maternity (Presiding Judge)

Kim Jong-hoon

Emigration Constitution