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(영문) 창원지방법원 2017.10.26 2017노2162
도로교통법위반(무면허운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (3 million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The Defendant had been punished five times due to drinking or non-licensed driving (four times a punishment, one time a suspended sentence), and in particular, the Defendant committed the instant crime of the same kind in the instant case during the suspended sentence period, which became final and conclusive on November 25, 2015 and was sentenced to two years of suspended sentence on the grounds of drinking or non-licensed driving on November 25, 2015, and such judgment became final and conclusive on December 3, 2015, and was still under the suspended sentence, and thus, is disadvantageous

On the other hand, there are favorable circumstances for the defendant, such as the fact that the defendant recognized and reflected the crime of this case, the crime of this case is a mere unauthorized driving, the distance of driving is about 300 meters short, the defendant is not healthy due to the heart disease, and there are the old and her two children (five years and three years, respectively) who should support the defendant.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime, and the circumstances before and after the commission of the crime, the lower court’s punishment is too heavy or unreasonable.

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

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