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(영문) 서울고등법원 2013.03.28 2013노177

도로교통법위반(무면허운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant (hereinafter referred to as "fines 8,000,000") is too unhued and unreasonable.

2. On November 25, 201, the Defendant was issued a summary order of KRW 1 million at the Suwon District Court as a crime of violation of the Road Traffic Act, and on December 21, 201, at the Suwon District Court issued a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act at the Suwon District Court on December 21, 201, and did not have weighted with the record of being sentenced to a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act at the Suwon District Court on March 3, 2012. On March 3, 2012, the Defendant was under a non-license without a license as stated in the first crime at the time of the original trial, and the Defendant was under the influence of drinking without a license even after being indicted for the crime. In view of the fact that the Defendant

However, in full view of the following factors: (a) the Defendant’s blood alcohol concentration at the time of committing the crime at 0.081% and 0.097%; (b) the Defendant was in depth of his mistake; (c) the Defendant did not have any record of punishment in Korea in addition to the above fine; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (c) the circumstances after committing the crime, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (6) of the Criminal Procedure Act. It is so decided as per Disposition.