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(영문) 청주지방법원 2017.03.23 2016노1501
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The Defendant is divided into and reflected in the instant crime.

Defendant was provisionally released as follows and did not commit the same crime until the instant crime was committed.

Circumstances unfavorable to the defendant are as follows:

The Defendant committed the instant crime during the period of repeated crime after the parole period expired on September 30, 2013, when he/she was released on September 30, 2013 after having been sentenced to one year of imprisonment with prison labor due to driving, etc. without obtaining a license in 2012.

In addition, the defendant was sentenced to a fine five times due to the same crime, and was sentenced to a two-year suspended sentence in June 2009, there are many records of punishment for the same crime.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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