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(영문) 창원지방법원 2016.08.18 2016노1281
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. While the Defendant had been punished by a fine of KRW 2 million in 2002, a fine of KRW 1 million in 2007, a fine of KRW 1 million in 2009, and a fine of KRW 2 million in 200,000 due to driving without a license, the Defendant again committed the instant crime, and the Defendant was at a disadvantage to the Defendant, even if he/she had a record of causing an accident that shocks the parked vehicle at the time of driving without a license.

On the other hand, the circumstances favorable to the defendant are also recognized, such as the fact that the defendant led to the confession of the facts of crime and reflects the fact of crime, the fact that there is no record of punishment exceeding the fine due to driving without a license, and the fact that the last criminal record of the defendant was about seven

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the lower court’s punishment cannot be deemed as unfair because it is too uneasible and unreasonable.

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.

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