logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.03.30 2018노94
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (unfair sentencing) is that of the lower court’s imprisonment with prison labor for not less than four months, and a fine not exceeding two million won, which is unreasonable.

2. Determination of the crime of this case is recognized that the crime of this case was committed by the defendant on two occasions without a driver's license, and that the crime of this case was not less than that of the defendant, and that the defendant has been subject to criminal punishment four times due to driving without a driver's license, in particular, during the period of repeated crime.

On the other hand, the defendant recognized the crime of this case and against the mistake, and the crime of the defendant on July 18, 2017 committed by the defendant on the one hand is in the relation of the crime of damaging public goods for which the judgment became final and conclusive, and the crime of the defendant on July 18, 2017 is in the relation of the crime of concurrent crimes after Article 37 of the Criminal Code, and thus, it is necessary to consider equality with the case where the judgment was received at the same time. The defendant's family members and the branch want to distort the defendant

In full view of the fact that the court below’s punishment is too uneasible and unfair, taking into account the circumstances leading to the instant crime, the Defendant’s age, sexual conduct, environment, etc., and various sentencing conditions shown in the records and arguments, the prosecutor’s assertion is without merit.

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.

arrow