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(영문) 춘천지방법원 강릉지원 2013.11.26 2013노392
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for six months and one year of suspended execution) of the lower court is too uneasable and unreasonable.

2. The defendant has been punished several times due to non-license, drinking driving, etc., and in particular, the defendant committed the crime of this case again during the period of suspended execution due to the same kind of crime is disadvantageous to the defendant.

However, in full view of all the conditions of sentencing including the fact that the instant crime is a simple unauthorized driver, that the Defendant was detained for more than one month until the Defendant was released as bail, and that his mistake appears to be repented in depth, the lower court’s punishment cannot be deemed as being too unjustifiable.

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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