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(영문) 청주지방법원 2014.12.26 2014노1099
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The fact that the defendant's judgment on the grounds for appeal (the grounds for appeal) recognized the crime of this case and is contrary to the fact that it is against the defendant is reasonable to consider it in favor of the defendant.

However, in light of the following circumstances: (a) the Defendant had a history of criminal punishment on several occasions, including imprisonment with prison labor due to an unlicensed driving; (b) the Defendant had been sentenced to a fine on June 3, 2013 on the grounds of violating the Road Traffic Act (unlicensed driving) on April 8, 2012; and (c) the Defendant had been sentenced to a fine on the same kind of crime on June 3, 2013; (c) the Defendant repeated driving without obtaining a license; (d) there are no special circumstances to consider the circumstances leading up to the Defendant’s driving at the time of the instant crime; (e) even though there was a history of multiple criminal punishment, the Defendant committed the instant fraud and did not agree with the victim until the time of the instant crime; and (e) there is no other circumstance to deem that the Defendant was subject to a measure for recovery from damage; and (e) considering various sentencing conditions indicated in the records, such as age, character, family relationship, motive for the crime, and circumstances after the crime, it cannot be deemed unfair.

2. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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