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(영문) 수원지방법원 2017.11.15 2017노5913
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. The judgment of the Defendant is in profoundly against the instant crime; the instant crime is a mere unauthorized driving that did not cause an accident; there are circumstances to consider the Defendant’sless driving; and the Defendant was accompanied by the vehicle driven by the Defendant.

D, from the perspective of D, the fact that the main figures of the defendant want to find the defendant's wife, and the defendant has a brain 3rd degree disability, etc. are favorable to the defendant.

However, the Defendant had a record of being punished twice due to drinking driving, and in 2016, the Defendant committed the instant crime without being aware of it during the period of suspension of execution due to driving without a license even though he/she had been sentenced to a fine and a suspended sentence due to driving without a license.

In addition, considering all other circumstances that are conditions for sentencing, 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 unlimited and it is deemed unfair. Thus, 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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