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(영문) 부산지방법원 2019.07.11 2019노1018
도로교통법위반(무면허운전)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

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

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court appears to have repeatedly committed each of the instant crimes without being aware of the fact that the Defendant had been punished five times due to driving without obtaining a license, and that the Defendant repeatedly committed the instant crimes without being aware of during the suspension period of execution due to driving without a license, taking into account the details and process of driving without a license, the circumstances after the crime, etc., and there is no new circumstance to change the sentence of the lower court in the trial.

In addition, comprehensively taking into account various sentencing conditions, such as the Defendant’s age, character and conduct, the method and circumstances of the crime, and the circumstances after the crime, as shown in the arguments of the court below and the political party, the sentence imposed by the court below is conducted within the reasonable scope of discretion, and is not hot or minor.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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