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(영문) 대구지방법원 2020.08.28 2020노1890
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is too unreasonable.

2. The lower court, as indicated in its reasoning, has determined a sentence by comprehensively taking account of the following circumstances (such as: (a) the Defendant was punished one time for drunk driving in 2014; (b) the Defendant was punished by a fine for refusing to take a drunk test once in 2017; (c) the Defendant was punished by a fine on four occasions only once in 2017; and (d) the Defendant was punished by a suspended sentence of imprisonment once in 2017; (b) the Defendant was aware of the suspended sentence due to the judgment on the said suspended sentence; (c) the Defendant committed the same type of crime again without being aware of; (d) the Defendant appears to have continued to drive without obtaining a driver’s license after the cancellation of the driver’s license on the vehicle in 2017; and (e) the Defendant appears to have committed a crime

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering the Defendant’s age, character and conduct, environment, motive and means of crime, and circumstances after the crime, the lower court’s sentencing is too unreasonable.

Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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