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(영문) 서울중앙지방법원 2017.08.10 2017노969
도로교통법위반(무면허운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (7 million won in penalty) is too unhued and unfair.

Judgment

① While the Defendant’s driver’s license was revoked due to drinking, the Defendant was driving without a driver’s license in this case with the driver’s license granted by Co-Defendant B of the lower judgment, and presented the control police officer as one’s own driver’s license. ② On August 10, 2016, the Defendant was sentenced to two years of suspension of execution in June, and was sentenced to two years of suspension of execution on August 18, 2016 due to the crime of obstruction of duties and damage to property, and even during the period of suspension of execution, the crime of this case is heavy in that the Defendant committed the crime of this case.

The Defendant has been sentenced to a suspended sentence in April 201, June 2008, and June 2005 due to drinking driving, and has been sentenced to a suspended sentence of two years. On the other hand, the Defendant has been sentenced to a suspended sentence of drinking, a non-licensed driving, or a fine for an act of violence.

However, the defendant reflects his wrongness in depth, and the defendant's will want the defendant's wife.

The Defendant appears to have been implementing an order to observe the protection and attend the lecture before and after each of the instant crimes (the trial records No. 117-131 of the trial records). Moreover, the Defendant would not sell a driving vehicle from the investigation stage around October 2016 to repeat the crime.

C. The lower court appears to have imposed a fine in close to the upper limit of the punishment (the maximum of 3 million won of the fine for the violation of Road Traffic Act due to driving without a license, the maximum of 5 million won of the fine for the illegal driving of official document, and the maximum of 7.5 million won of the fine for the punishment due to concurrent crimes), taking into account all the factors such as the above circumstances and the Defendant’s age, sex, environment, and circumstances after the commission of the crime, etc., and the lower court appears to have imposed a sentence equivalent to the upper limit of the punishment (the maximum of 3 million won of the fine for the violation of Road Traffic Act due to driving without a license, the maximum of 5 million won of the fine for the punishment due to the aggravation of concurrent crimes). It cannot

The appeal by the prosecutor is justified.

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