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(영문) 전주지방법원 2014.01.29 2013노1285

도로교통법위반(무면허운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the overall sentencing conditions in the grounds for appeal, the sentence of the lower court (fine 2,00,000) is too unfluent and unreasonable.

2. As to the grounds for appeal, the Defendant has been subject to punishment for the crime of violating the Road Traffic Act on six occasions (one-time, one-time, and five-time, a fine) due to drinking driving or unlicensed driving, and in particular, even after having been sentenced to six months of imprisonment for fraud on January 19, 2012, and having completed the execution of the sentence on November 18, 2012, and repeatedly committed the instant crime during the period of repeated offense, Defendant should be subject to strict punishment.

However, the defendant is not healthy, is a basic living beneficiary, and is recognized as a prisoner of the crime of this case, and his depth is divided. The crime of this case is committed by the defendant on the day of the case, and the other family members of this case who were funeral due to his death on the day of the case, were unable to drive his funeral, and there are circumstances to be taken into account the circumstances of the crime as being inevitably caused by the defendant's failure to drive due to his drinking, and other factors such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., considering various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case such as the defendant's age, character

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