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(영문) 전주지방법원 2020.05.28 2020노282
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. In light of the risk, harm, etc. of a driving without a license, etc., it is recognized that the Defendant committed the instant crime without having been sentenced to a fine of KRW 3 million at the Jeonju District Court on June 13, 2014; the Defendant committed the instant crime without having been sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (driving) at the same court on September 21, 2015, by serving about 130km; the Defendant was sentenced to a suspended sentence of imprisonment for one year at the Cheongju District Court on May 31, 2019, which became final and conclusive on June 8, 2019; and the Defendant committed the instant crime without having been sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (driving) at the Jeonju District Court on June 13, 2014; and the same court on September 21, 2015, respectively.

However, in light of the contents of the instant crime, it seems that the Defendant’s age, character and conduct, environment, and other sentencing conditions are too uncomfortable, and thus, the lower court’s punishment cannot be deemed unreasonable, considering the following factors: (a) the Defendant’s selling of one’s own vehicle during the investigation process to prevent recidivism; (b) the Defendant punished the Defendant as imprisonment with prison labor for the instant crime; and (c) the Defendant’s punishment for the instant crime is deemed harsh even in light of the content of the instant crime.

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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