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(영문) 광주지방법원 2018.07.19 2018노134
도로교통법위반(무면허운전)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (six months of imprisonment, two years of suspended execution, two years of protection observation, 40 hours of compliance driving instruction, 120 hours of community service) is too uneased and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The judgment of the Defendant had the power to be punished for a large number of unauthorized Drivings, and among them, was sentenced to a suspended sentence of imprisonment on November 6, 2015 for the most recent crime of unlicensed Drivings, and the Defendant committed the instantless Drivings in addition to the suspended sentence on November 6, 2015. The fact that the Defendant caused a traffic accident while driving the instant unauthorized Drivings is disadvantageous to the Defendant.

On the other hand, the defendant would not drive without a license, such as opposing the crime and scrapping of the cargo vehicle driven at the time of the instant case.

It is advantageous to the fact that there is a special amnesty, that there is an agreement with the victims of traffic accidents.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor and the Defendant’s assertion are without merit, on the grounds that the lower court’s punishment is too weak or unreasonable.

3. The final prosecutor and the defendant’s appeal are all groundless, and they are all dismissed under Article 364(4) of the Criminal Procedure Act.

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