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(영문) 창원지방법원 2015.07.23 2015노877

도로교통법위반(무면허운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year of imprisonment with prison labor, one year of suspended execution, and forty hours of compliance driving) is too uneasible and unfair.

2. In full view of the following circumstances: (a) the Defendant has a majority of the criminal records of the same kind; (b) although the instant crime is not a driving without a license for living, the Defendant is deemed to have against the wrongness while committing the instant crime; (c) the Defendant has not been sentenced to a sentence; (d) the Defendant was discovered due to a driving without a license, but did not cause an accident; (e) the Defendant must support his mother; and (e) other circumstances that form the conditions for sentencing as shown in the instant records and arguments, such as the Defendant’s age, environment, character and behavior, motive of the instant crime, and circumstances before and after the crime, the lower

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.