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(영문) 부산지방법원 2017.01.13 2016노3736

도로교통법위반(무면허운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence (3 million won in penalty) imposed by the court below on the defendant is too unfasible.

2. The judgment of the court below requires respect for the crime of this case even though the defendant had been punished six times due to non-licensed driving, and was in the suspension period due to non-licensed driving, etc., the repetition of the crime of this case is disadvantageous circumstances, or there is no new sentencing data in the trial, and thus there is no change in sentencing conditions compared with the court below. The defendant is in a profoundly against the crime of this case; the defendant is responsible for his livelihood, such as the hospital expenses for the living female living together with the defendant under video treatment and the school expenses for both children living together with the defendant; and the details and result of the crime of this case, the circumstances after the crime of this case, the defendant's character and behavior, the environment, and age, etc. are considered as the condition for the punishment specified in the records and arguments of this case, and the sentencing of this case, it

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.