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(영문) 서울중앙지방법원 2016.11.03 2016노681
도로교통법위반(무면허운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for up to eight months, suspension of execution for two years, probation, community service, etc.) imposed by the court below on the defendant is deemed to be too uneasible and unfair.

2. The crime of this case was committed on or around October 2009 by the Defendant cutting the number plate of a motor vehicle owned by another person, and was operated on or around August 5, 2015 by attaching it to the motor vehicle owned by the Defendant, and the liability for the crime of driving the motor vehicle without a driver's license is not less severe. The Defendant is sentenced to the following circumstances: (a) once the suspension of the sentence of imprisonment is imposed due to the crime of driving without a driver's license in around August 5, 201; (b) twice the fine is imposed due to the crime of driving without a driver's license in around 201; and (c) once the fine is imposed due to the crime of driving without a driver's license in around 202; and (d) once the crime of driving without a driver's license in around 203; (c) the Defendant is punished once as a fine for the crime of driving without a driver's license; (d) the Defendant's age, environment, character and behavior, motive of the crime, and circumstances before and after the crime.

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

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