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(영문) 대전지방법원 2015.11.12 2015노2780
도로교통법위반(무면허운전)
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair punishment) of the original judgment (4 months of imprisonment) is too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is against himself/herself; (b) the sale of a motor vehicle owned by him/her does not commit such a crime again; (c) the Defendant supports his/her parent; (d) appears to have good health; and (e) the Defendant’s wife wants to take the Defendant’s wife against the Defendant.

However, on July 27, 2012, the defendant was sentenced to imprisonment for the violation of the Road Traffic Act by the Seoul Southern District Court on July 27, 2012, and the driver's license was revoked on June 14, 2012. Since then, the defendant was sentenced to a fine of one million won on May 13, 2014 after driving without a license during the period of the above suspension of execution, and was sentenced to a fine of one million won on October 19, 2014 after five months after driving without a license, and caused a traffic accident while driving without a license on October 19, 2014. Even if the defendant was subject to a second priority of the suspension of the execution of the execution of the crime, it is not recognized that the defendant followed the crime in this case after three months after the date on which the judgment became final and conclusive, the defendant's age and condition of the crime in this case, as well as the circumstances that are disadvantageous to the defendant, as a result of the judgment below.

3. 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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