beta
(영문) 춘천지방법원 강릉지원 2014.07.15 2014노168

도로교통법위반(무면허운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The judgment of the defendant has a record of being punished 11 times as a traffic crime, and on July 24, 2012, he/she was sentenced to imprisonment for a period of 8 months as a crime of violation of the Road Traffic Act at the Chuncheon District Court on July 24, 2012 and was sentenced to a suspended sentence of 2 months, and he/she again committed the crime of this case without being aware of the fact that he/she again committed

However, in full view of the following factors: (a) the Defendant has committed a traffic crime against himself/herself and again; (b) the instant crime is a mere unauthorized driver; and (c) the Defendant’s age, character and conduct; (d) the motive, means and consequence of the instant crime; and (e) the circumstances after the instant crime, etc., the lower court’s punishment cannot be deemed unreasonable because it is too unreasonable.

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