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(영문) 광주지방법원 2015.02.11 2014노1616

도로교통법위반(무면허운전)

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (a fine of three million won) is too unhued and unreasonable.

Judgment

It is disadvantageous to the defendant that he/she has been punished twice for a crime related to road traffic, and that he/she was sentenced to a suspended sentence on January 6, 2014 due to a drinking driving on the same day and was driving without a license only for one month.

However, considering the fact that the defendant has recognized his mistake, the fact that the defendant had been sentenced to a fine once due to driving without a license is favorable, and the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, and environment, as a whole, various sentencing conditions as shown in the arguments of this case are considered as being too unjustifiable, and thus, the prosecutor's assertion is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.