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(영문) 창원지방법원 2016.05.26 2016노601
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The Defendant was sentenced to six months of imprisonment due to driving without a license for drinking alcohol in 2013 and committed the instant non-licenseless driving during the same repeated offense period even after the enforcement of the sentence was completed on November 25, 2014, etc. is disadvantageous to the Defendant.

On the other hand, the defendant led to the confession and reflect of the facts of crime, and did not cause other damages such as traffic accidents, and the defendant has been driving without a license in the course of driving practice for re-acquisition of driver's license and employment.

As asserted, considering the fact that the Defendant’s disqualified period for acquiring the Defendant’s driver’s license was not about three months and that it appears that there are some circumstances to consider the background of the crime, etc. in favor of the Defendant.

In addition, the lower court appears to have determined the sentence against the Defendant by taking into account all the circumstances, and taking into account the various circumstances, including the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, it is not recognized that the lower court’s punishment is too unfeasible and unfair.

3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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