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(영문) 광주지방법원 2015.01.15 2014노1505
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The judgment has a record of having already been punished two times (three times when driving without a license) due to driving without a license, and in particular, on November 22, 2013, the Cheongju District Court Chungcheong District Court rendered a sentence of two years to imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) and the judgment became final and conclusive on November 22, 2013, and even if the said judgment had been in the suspension period, it seems that the defendant has repeatedly committed the instant crime, but it seems that the defendant has committed the instant crime, or that there is no record of criminal punishment exceeding the fine in addition to the above suspended sentence, and in light of all the sentencing conditions indicated in the instant case, such as the defendant's age, character and behavior, environment, circumstance and consequence of the instant crime, the circumstances after the instant crime, and sentencing in similar cases, the prosecutor's allegation above is not reasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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