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(영문) 창원지방법원 2014.09.25 2014노1645

도로교통법위반(무면허운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal lies in the past that the defendant was punished several times due to a violation of the Road Traffic Act (driving) or a violation of the Road Traffic Act (driving without a license). In addition, in light of the fact that the defendant, while driving without a license on October 13, 2013, caused a traffic accident and thereby causing an injury to four victims, and that he again committed the instant crime since one month has not passed since then, the sentence (one month of imprisonment) sentenced by the court below is too uncompared and unfair.

2. Taking into account the circumstances alleged by the prosecutor in the judgment, the confession and reflect of the defendant, the crime of this case is simpleless without a license, and the defendant was revoked on February 10, 2007, and thus, it is difficult to view that there is a high risk of the defendant's act of driving without a license. There is no criminal conviction exceeding a fine, the defendant does not repeat again, and the defendant does not repeat again, and other circumstances, such as the character, conduct and environment and environment of the defendant, the background and result of the crime of this case, the circumstances after the crime, etc., which are conditions for sentencing as shown in the records and arguments, are considered as inappropriate. Thus, the prosecutor's allegation above is without merit.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

참조조문