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(영문) 수원지방법원 2018.01.17 2017노8405
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 (4 months of imprisonment) is too unreasonable.

2. Considering the fact that the Defendant is in profoundly against the instant crime, that the Defendant’s wife was at the sixth degree of visual disability, that the Defendant’s wife was at the first degree of brain disease, and that the Defendant’s family members want to leave the Defendant’s wife, the Defendant already committed the instant crime without being aware of the fine and the suspension of the execution of imprisonment, even though he was sentenced to a fine and imprisonment with labor on several occasions.

In particular, considering the fact that the crime of this case was committed while the defendant was indicted for driving without a license and was under trial, and all other circumstances, such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the court below's punishment is too unreasonable, and 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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