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(영문) 부산지방법원 2015.10.06 2015노292
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. The circumstances such as the defendant's 4 times of the same electricity and the period of suspended execution, which led to the defendant's non-licensed driving of this case, are disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake as a whole; (b) did not cause traffic accidents due to the Defendant’s instant crime; (c) did not drive simply without license; and (d) appears to have been sentenced to a statutory highest fine in consideration of the Defendant’s aforementioned unfavorable circumstances; and (c) the Defendant’s age, environment, occupation, family relationship; (d) background leading to the instant crime; and (e) circumstances leading to the instant crime; and (e) circumstances leading to the sentencing indicated in the record, such as the circumstances after the commission

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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