beta
(영문) 광주지방법원 2015.10.27 2015노576

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. In full view of the following circumstances: (a) the Defendant had a history of criminal punishment five times due to a unlicensed driving; (b) the Defendant was sentenced to imprisonment for six months due to without a license and driving under the influence of alcohol in 2012; and (c) during the suspension of the execution of the sentence, which reflects the Defendant’s crime; (c) the driving distance is not long; (d) additional crimes other than without a license are not committed; and (e) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) other various circumstances that form the conditions for the sentencing specified in the instant records and arguments, such as the circumstances after the crime, etc., it cannot be deemed unfair that the lower court’s sentence against the Defendant 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.