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(영문) 부산지방법원 2014.12.26 2014노3627
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable for a six-month sentence of imprisonment sentenced by the court below to the defendant.

2. It is recognized that the Defendant recognized the instant crime and reflects his mistake, the driving distance is relatively short, and there is a family member to support such as wife and child.

However, the Defendant was punished for the crime of violating the Road Traffic Act on August 9, 2002, and was punished on 12 occasions by the crime related to driving without a license until December 17, 2013. In particular, the Defendant was sentenced to imprisonment with prison labor for 4 months and 2 years for the crime of violating the Road Traffic Act (unlicensed Driving) on December 17, 2013. The Defendant committed the instant crime on December 25, 2013, even though the judgment became final and conclusive on December 17, 2013. In light of the above, it appears that the Defendant lacks compliance awareness and is highly likely to repeat the crime, and in full view of various circumstances, such as the Defendant’s age, environment, occupation, family relationship, circumstances leading to the instant crime, circumstances leading to the instant crime, etc., the lower court’s sentence is unreasonable.

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 as it is without merit. It is so decided as per Disposition.

[However, in accordance with Article 25 of the Rules on Criminal Procedure, "1. A previous conviction: Criminal Records, etc.: A statement of inquiry, such as criminal records, and each investigation report (a attachment of a written judgment and confirmation of a fixed date)" shall be corrected.]

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