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(영문) 창원지방법원 2016.03.03 2015노2701
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. The judgment of the defendant three times has the same criminal records, and it is recognized that the defendant committed the crime of this case during the suspended execution period for the same kind of crime, but he/she is also aware that he/she led to the crime of this case, and he/she disposes of the vehicle, while he/she disposes of the vehicle, and

In full view of the following circumstances: (a) the Defendant’s prior wife is the Defendant’s wife; (b) the Defendant seems to have been able to actually see two early buses; (c) the Defendant was exposed to driving without a license and did not cause traffic accidents; and (d) the effect of the existing suspension of execution by a sentence of imprisonment with prison labor for the Defendant appears to be somewhat harsh for the Defendant; and (e) other various circumstances, including the Defendant’s age, environment, sex behavior, motive for the commission of the crime, and the circumstances before and after the commission of the crime, etc., the sentence imposed by the lower court cannot be deemed to be unfair because the sentence imposed by the Defendant is too 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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