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(영문) 광주지방법원 2015.11.03 2015노856
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two million won of a fine) is too unhued and unreasonable.

2. In full view of the elements of sentencing unfavorable to the Defendant, including the fact that the Defendant, even though having had the history of criminal punishment for driving without obtaining a license, is once again running without a license, and that there was no record of criminal punishment for driving without a license since 2006, and the factors of sentencing favorable to the Defendant, such as the fact that there was no record of criminal punishment for driving without a license, other than driving without a license, and other circumstances that form the conditions of sentencing as indicated in the records and arguments of this case, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., it is difficult to deem that the lower court’s

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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