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(영문) 서울고등법원 2014.03.19 2013노3581
도로교통법위반(무면허운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. The judgment below committed the crime of this case without being aware of the fact that the defendant had already been punished three times due to drinking or unlicensed driving, but again committed the crime of this case without being aware of the fact that the defendant was found to have been driving Oral, that the defendant was not guilty of a fine or heavier, that the defendant was not guilty of a fine, that in the case of the crime of drinking driving since July 2003, the defendant did not stop it for ten years from the time of the crime of this case, and all other circumstances that form the conditions for the sentencing of this case, such as the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime of this case, etc., the judgment below is judged to be proper, and it is deemed to be unfair because it is too unfeasible. Thus, the prosecutor's allegation of unfair

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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