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(영문) 부산지방법원 2016.05.27 2015노4337

도로교통법위반(무면허운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence (3 million won in penalty) imposed by the court below on the defendant is too unfasible.

2. The judgment of the defendant has the record of being sentenced to four times or more due to drinking or non-licensed driving, and there is a need to punish the defendant who committed the crime of this case during the period of probation due to drinking driving.

However, in light of the fact that the defendant's depth is against the defendant, the reason why the defendant was driving, and the fact that the defendant does not seem to have habitually drive without the driver's license in light of the details of the defendant's use of the taxi, and that the defendant's family and the person will actively guide

In full view of the following facts: (a) the period of imprisonment for six months following the sentence, the sentence of imprisonment, and the cancellation of the suspended sentence, seems to be excessively harsh in light of the background and nature of the crime in this case; and (b) the Defendant has supported his family in the past; and (c) the circumstances and result of the crime in this case, including the circumstances after the crime, the character and conduct of the Defendant, the Defendant’s character and environment, and the age, etc., as well as other various circumstances, which are the conditions of the sentencing as shown in the present records and arguments, the sentencing of the

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. It is so decided as per Disposition.