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(영문) 광주지방법원 2016.01.13 2015노1840
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (2.5 million won in penalty) is too unhued and unreasonable.

2. The judgment of the court below was rendered in 2014 when the defendant was punished for a fine of KRW 5 million due to a violation of the Road Traffic Act (unlicensed driving), etc., but the defendant again committed the crime of this case for only five months. However, the defendant recognized his fault and reflects his fault, while the defendant did not have any record of being punished due to the same kind of non-licensed driving except the above previous conviction, and there is no criminal record exceeding the fine. In full view of the circumstances leading to the crime of this case, circumstances after the crime of this case, the defendant's age, sexual behavior, environment, etc., the prosecutor's above assertion is not reasonable, since the court below's punishment is too excessive and it is not deemed unfair.

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

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