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(영문) 광주지방법원 2016.07.12 2016노1397
도로교통법위반(무면허운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (three months of imprisonment) by the lower court, the Defendant asserts that the Defendant was too unfasible and unfair, while the prosecutor filed each appeal by asserting that it is too less light.

2. The Defendant was punished three times for driving without a license and four times for drinking driving, and in particular, on August 13, 2015, the Gwangju District Court sentenced the Defendant to the suspension of the execution for six months due to a violation of the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dacting driving) at the Gwangju District Court on August 13, 2015, and committed the instant crime during the suspension of the execution period after the said judgment became final and conclusive on August 21, 2015.

On the other hand, however, the defendant did not operate a vehicle at a relatively less than 300 meters, but did not cause an accident due to the defendant's unauthorized driving.

In light of these circumstances and other factors of sentencing, such as the Defendant’s age, sex, environment, etc., the sentence determined by the lower court against the Defendant is not deemed to be unfair because it is too heavy or too harsh within the appropriate scope of sentencing.

Therefore, the defendant and the prosecutor's argument are without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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