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(영문) 서울북부지방법원 2020.01.31 2019노1793
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined a sentence against the Defendant by taking account of favorable circumstances, such as the following: (a) the Defendant had a history of criminal punishment on seven occasions due to a driving without a license; (b) the Defendant had been punished several times due to a driving without a license; and (c) the Defendant committed the instant crime in which a driver without a license was sentenced to imprisonment due to a driving without a license, despite the fact that the execution of the sentence was not completed; (d) while considering the disadvantageous circumstances that the Defendant committed the instant crime; (c) the Defendant recognized and against all the crimes; (d) the driving distance of the Defendant was not very long; (e) the circumstance leading up to driving without a license; and (e) the Defendant’s criminal records related to driving without a license was punished by a fine by up to 209.

As seen above, the circumstances favorable to the sentencing asserted by the defendant and his defense counsel in the trial seems to have been fully considered while the court below has determined the punishment.

No new circumstance can also be found to change the sentence of the court below in the trial.

Therefore, the defendant's assertion is without merit.

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

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