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(영문) 서울중앙지방법원 2016.12.15 2016노3138
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court on the Defendant is too unfased and unreasonable.

2. Although the Defendant committed the instant crime even though he/she had been sentenced to a fine three times due to the crime of drunk driving, one time a suspended sentence of imprisonment, and two times a fine due to the crime of drunk driving and non-licensed driving, the Defendant committed the instant crime, which is disadvantageous to the Defendant. However, in full view of the following: (a) the Defendant recognized and reflects the instant crime; and (b) the instant crime does not cause an accident due to a mere driving without a license; and (c) other various circumstances, including the Defendant’s age, environment, character and behavior, motive for the crime, and circumstances before and after the crime, etc., which are the conditions for sentencing as indicated in the instant records and arguments, the Prosecutor’s assertion is not acceptable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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