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(영문) 서울남부지방법원 2017.05.25 2017노223

도로교통법위반(무면허운전)

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The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The judgment defendant has been punished several times for the same kind of crime.

The Defendant committed the instant crime, even though he/she was in the period of repeated crime due to the crime without a license.

However, the driver's license of this case is driving in lieu of the driver's license of this case by the request of the driver's license of the drunk workplace.

The defendant again does not drive without a license.

There are many things.

In addition, considering the circumstances surrounding the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., as well as the circumstances favorable to or unfavorable to the Defendant, and the reasons for sentencing of the lower judgment, considering the following factors, the lower court’s punishment is too uneasible and unreasonable even if the Prosecutor claims on the grounds of appeal, considering various circumstances asserted by the Prosecutor.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.