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(영문) 창원지방법원 2015.04.16 2014노2790
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 judgment of the defendant is recognized as having the record of punishment several times for the same crime, and even though he was under the suspension of execution due to the same crime, he is not well aware of the fact that the defendant was under the suspension of execution without permission, and even though he was found to have committed a crime, there are circumstances that may reflect the error while committing the crime, the circumstances leading up to the unlicensed driving, and the defendant's total sum of imprisonment (six months of imprisonment) suspended due to the invalidation of the suspension of execution previously sentenced when he was sentenced to imprisonment, which seems to be too harsh, and all other circumstances that form the conditions for the punishment specified in the records and arguments of this case, including the defendant's age, environment, character and behavior, motive for the crime, and conditions before and after the crime, it is not recognized that the sentence of the court below is too unreasonable.

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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