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(영문) 광주지방법원 2017.07.20 2016노3231
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 (3 million won in penalty) is too unhued and unreasonable.

2. The fact that the Defendant was under the suspension of the execution of the crime of violating the Traffic Act on Roads without being well aware of the fact that the Defendant had been under the suspension of the execution (the current suspension of the execution of the punishment), the fact that there was three times the punishment of fines for the same kind of crime, etc. However, in full view of the favorable circumstances such as the Defendant’s erroneousness, and the favorable circumstances such as the fact that all of the aforementioned non-exclusive drivers are days before 2008, and other factors of sentencing as shown in the records and arguments, such as the Defendant’s age, sexual behavior, environment, family relationship, health status, and the circumstances after the crime, it does not seem that the lower court’s punishment is too uneasible and unfair.

The ground for appeal is without merit.

3. The appeal by the public prosecutor on the conclusion of the judgment is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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