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(영문) 의정부지방법원 2019.07.18 2018노3018
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing (a fine of four million won is imposed);

2. Determination is an unfavorable circumstance to the Defendant that the Defendant repeatedly commits the instant without obtaining a legitimate driver’s license in 2017, even though the Defendant was punished for the same kind of traffic crime, such as violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, such as a violation of the Motor Vehicle Traffic Accidents Act, a driving without a license, etc.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes, thereby contravening the mistake; (b) the unlicensed driving of the Defendant did not have any other criminal records other than the punishment imposed once a fine in 2009; and (c) the Defendant did not have any previous criminal records other than the fine; and (d) other circumstances, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (b) other circumstances, which form the conditions for sentencing as shown in the instant records and arguments, such as the circumstances after the commission of the crime, are deemed to be reasonable;

Therefore, the prosecutor does not accept the prosecutor's allegation of unfair sentencing.

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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