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(영문) 의정부지방법원 2015.07.08 2014노644
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. In light of the fact that the Defendant had been punished several times due to the violation of the Road Traffic Act (unlicensed Driving) and that the Defendant had no record of obtaining a driver's license, and that the Defendant has been repeatedly driving without having obtained a driver's license, and that the instant crime was committed while driving another person's vehicle without a license, and that it is not good to commit the crime, and that the victim's damage has not been recovered, the punishment as determined by the lower court seems to be somewhat uneasible.

However, in full view of all the sentencing conditions, including the motive, method, and consequence of the crime including the fact that the defendant was driving without the driver's license, the degree of violation of the duty of care is not excessive, the victims' injuries are minor and the value of the damaged property is not significant, and the defendant did not have any criminal record exceeding the fine, the motive, method, and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below cannot be deemed unreasonable to the extent that the

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.

(Provided, in accordance with Article 25(1) of the Regulations on Criminal Procedure, “The addition of “the aggregate of the amounts of concurrent crimes (the maximum amount of each of the above crimes)” after the last three pages of the judgment of the court below shall be corrected.

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