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(영문) 전주지방법원 2016.06.23 2015노1791

도로교통법위반(무면허운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. It is recognized that the defendant had the history of punishment for the same kind of crime several times, the defendant was sentenced to the suspended sentence of two years, the protection and observation, and the demotion of compliance driving for 40 hours (former District Court 2015 order 2015 order 361) on June 2, 2015 due to the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (unlicensed driving) on June 2, 2015.

However, the fact that the defendant recognized the crime of this case and reflected against the defendant's non-performance, and that the disabled with a physical disability of class 5 in relation to the defendant's non-performance function is in a state where daily walking is difficult due to the credit satisfaction of the left-hand bridge, etc., support two children who have been born between the wife and the former wife while living together with the married wife, and the defendant does not repeat again.

In light of the fact that the court below's sentencing is too uneasible and unfair, considering the fact that the defendant appeals to the last place, and other factors of sentencing as shown in the records and arguments of this case, including the defendant's age and sexual behavior, it is not recognized that the sentencing of the court below is too uneasy and unfair.

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.