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(영문) 창원지방법원 2015.01.29 2014노2387
도로교통법위반(무면허운전)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the defendant is too unaffortable that the punishment imposed by the court below (three million won of fine) is too unaffortable, and the prosecutor asserts that the sentence imposed by the court below is too unaffortable and unfair.

2. We examine both parties’ assertion of unfair sentencing.

The crime of this case is an unfavorable circumstance to the defendant, such as the fact that the defendant is driving a cargo vehicle although the defendant did not have obtained a driver's license, and the case is not less than that, and the defendant has been punished several times due to the violation of the Road Traffic Act (not less than three times of fines) in the past.

On the other hand, the fact that the defendant confessions and reflects, that the defendant does not cause traffic accidents, that the same kind of power is before 2007, that the defendant does not repeat again, and that the defendant does not repeat again, is favorable to the defendant.

In full view of the above circumstances, the character, conduct and environment of the defendant, and other various circumstances that form the conditions of sentencing as shown in the argument of this case, it cannot be deemed that the sentence imposed by the court below is heavy or unreasonable. Thus, the above assertion by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is all dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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