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(영문) 의정부지방법원 2013.11.29 2013노1735
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The Defendant had a same criminal history over several occasions, and, in particular, the Defendant’s imprisonment with labor for a period of two years at the District Court on April 26, 2013 due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc., was sentenced to a suspended sentence of two years on May 4, 2013 and the same judgment became final and conclusive on May 4, 2013. This case is the sentencing materials that are disadvantageous to the Defendant.

However, in a comprehensive review of all sentencing factors specified in the arguments of this case, such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, method and consequence of the crime, etc., the sentence of the lower court is too unjustifiable and thus it is not deemed unreasonable. Thus, the Prosecutor’s ground of appeal is without merit.

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.

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