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(영문) 전주지방법원 2013.05.10 2013노128
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the overall sentencing conditions in the grounds for appeal, the sentence of the lower court (fine 3,000,000) is too unhued and unreasonable.

2. In light of the fact that the Defendant repeatedly committed the instant crime during the period of probation despite the fact that he/she had been sentenced to a suspended sentence of three years on May 26, 201 due to a violation of the Road Traffic Act (driving) on the grounds of appeal, etc., and that he/she had been punished four times prior to the previous conviction, he/she should be punished strictly in light of the fact that the Defendant had been sentenced to a suspended sentence of three years.

However, in full view of various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, criminal record relationship, circumstances leading to the defendant's crime, means and consequence, etc., it is recognized that the sentence of the court below is too unjustifiable and unfair. Thus, the prosecutor's allegation of unfair sentencing is without merit, since it is not recognized that the defendant's punishment 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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