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(영문) 광주지방법원 2015.12.24 2015노1790
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.

2. The Defendant repeatedly committed the instantless driving crime even though he/she had the record of having been punished twice for the same crime, and the occurrence of a traffic accident at the time of the instant crime is disadvantageous.

However, in light of the favorable circumstances, such as the fact that the defendant repents his mistake and reflects it, the fact that the defendant would not repeat the crime by scrapping the vehicle, and that there has been no history of criminal punishment other than the fine so far, and the defendant's age, character and behavior, environment, the circumstances and result of the crime of this case, and all of the sentencing conditions indicated in this case, such as the circumstances after the crime, it is not recognized that the sentence of the court below is too uneasible and unfair, the prosecutor's above assertion

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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