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(영문) 의정부지방법원 2017.01.26 2016노3077
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant’s health condition is not good, and that the Defendant appears not to repeat a crime by selling a vehicle.

However, the defendant committed a crime without a license during the suspension of the execution of imprisonment due to a crime of violating the Road Traffic Act (drinking driving), and the crime of violating the Road Traffic Act (drawing driving) was seven times before the crime of violating the Road Traffic Act (drawing driving without a license), which seems to require a strict punishment to achieve the preventive purpose of the

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, 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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