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(영문) 창원지방법원 2017.05.25 2016노3430

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. On September 2, 2015, the defendant has been punished twice due to driving without a license (one penalty, one time a suspended sentence), and the defendant was sentenced to a suspended sentence for five months by driving without a license at the Changwon District Court on September 2, 2015 and was sentenced to a suspended sentence for two years due to driving without a license, etc., but he is not well aware of the suspended sentence and driving without a license at the same time, and is disadvantageous to the defendant.

On the other hand, there are extenuating circumstances, such as the fact that the defendant acknowledges all the crimes, the fact that the employee of the company was sent back to the hospital, and the defendant was driving without the license in the urgent mind to go to the hospital, that it was not controlled by traffic accident, that the defendant supports his children by negligence, that if the defendant is sentenced to a sentence, the suspension of execution should be invalidated, and that the defendant should additionally return for five months, in light of the circumstances of the crime in this case, etc., it is somewhat harsh to deem that the invalidation of the above suspension of execution should be mitigated.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime, and the conditions of sentencing as shown in the instant records and arguments, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

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.