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(영문) 의정부지방법원 2019.06.20 2018노2113
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 is deemed unreasonable.

2. As a result of the appellate court’s examination of whether the sentencing of the first instance is unfair, unless there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, this shall be respected as

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of all the circumstances (including the circumstances that the lower court rendered on the grounds of sentencing (the background and distance of the driving, the Defendant’s occupation and family relationship, and the lower court’s judgment imposed a fine of KRW 3 million, which is the maximum statutory penalty) including the circumstances that the lower court committed on the grounds of sentencing (the fact that the Defendant was sentenced to three times a criminal punishment due to the violation of the Road Traffic Act, but there was no past record of criminal punishment exceeding the fine, and the confession of the crime) and all of the sentencing conditions (the circumstance that the Defendant committed the act of driving, the distance, the Defendant’s occupation and family relationship, etc.) indicated on the records and arguments in the instant case, the prosecutor’s appeal is insufficient to accept the prosecutor’s assertion that the sentence of the lower court was too unjustifiable and unreasonable.

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

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