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(영문) 부산지방법원 2017.02.09 2016노4473
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 1.5 million) is too unreasonable.

2. The judgment is recognized that the Defendant had an attitude to reflect the instant crime while recognizing the instant crime, but the Defendant had already been punished twice due to driving without a license, and the Defendant was driving without a license in around 2013, while driving without the license, and driving without the driver’s license again. There is no particular change in circumstances that may be considered in sentencing after the decision of the court below, and in light of all the sentencing conditions indicated in the record and the theory of the instant case, such as the Defendant’s age, sex behavior, environment, criminal history, circumstances after the crime, etc., the sentence of a fine of KRW 1.5 million imposed by the court below cannot be deemed unfair.

Therefore, the defendant's assertion is without merit.

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

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