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(영문) 광주지방법원 2015.12.23 2015노1591
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The judgment of the court below is a favorable condition in light of the following: (a) the defendant's act of driving without a license again even if he was punished twice due to driving without a license; (b) the defendant recognized his mistake and reflects the defendant; (c) the defendant was driving without a license at the expiration of seven years after the last punishment; and (d) the fact that the defendant would not drive without a license again; and (e) the defendant scrapped the vehicle of this case at the time of the trial; and (e) other factors of sentencing as indicated in the argument of this case, such as the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, etc., are not recognized as being too unjustifiable, and thus the prosecutor'

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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