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(영문) 창원지방법원 2016.05.26 2016노603

도로교통법위반(무면허운전)

Text

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. One year and six months of imprisonment for a crime of violation of the Punishment of Violences, etc. Act (a group deadly weapon, etc.) in 2015, and two years of a suspended sentence, which was sentenced to a fine of three million won as a crime of violation of the Punishment of Violences, etc. Act (joint injury) before the suspended sentence was imposed, even though the defendant was sentenced to a fine of three million won prior to the suspended sentence, it is necessary to punish the defendant again during the suspended sentence.

However, the circumstances favorable to the defendant should be considered in light of the fact that the defendant led to the confession of the crime, and reflects the fact that there is no other damage such as traffic accident, there is a family member to support the defendant, and the fact that the defendant transferred the ownership of the vehicle driven at the time of the crime of this case to another person.

In addition, the lower court appears to have determined the sentence against the Defendant by taking into account all the circumstances, and taking into account the various circumstances, including the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, it is not recognized that the lower court’s punishment is too unfeasible and unfair.

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