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(영문) 대전지방법원 2017.09.20 2017노2254
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 months of imprisonment) is too unreasonable.

2. Determination is a favorable condition that the Defendant recognized the instant crime and reflects the wrong determination, that should consider equity with the case of sentencing a judgment at the same time as a crime of violating the Road Traffic Act (dacting driving) on which the judgment became final and conclusive, and that the Defendant operated a bridge and provided inconvenience to move.

However, as the defendant repeatedly commits the same kind of crime even though he/she has been subject to criminal punishment due to drinking and driving without a license, the possibility of repeating the crime is very high.

In full view of the fact that there are no special circumstances that the original judgment and the punishment are different from the original judgment in the sentencing conditions indicated in the records, such as the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's above 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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