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(영문) 광주지방법원 2016.10.04 2016노349
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for four months of imprisonment, one year of probation, and 80 hours of community service order) of the lower court is too uneasy and unreasonable;

(A) The prosecutor stated the opinion that the defendant should be punished by imprisonment with labor for one year (the prosecutor stated that the defendant should be punished by imprisonment with labor for the defendant). 2. Although the defendant had caused a traffic accident while driving without a license, the external materials of the damaged vehicle have caused a somewhat minor damage to the extent that the external materials of the damaged vehicle are flick, and the victim would not be punished by the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions in the instant case, such as the circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

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.

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