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(영문) 대전지방법원 2014.12.03 2014노2717
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than four months) of the lower court’s sentence against the Defendant is unreasonable.

2. The judgment is based on the following: (a) since the driving without a license is highly likely to cause harm to the life and body of another person as well as himself/herself; (b) the Defendant has four criminal records for the same crime; (c) the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Busan District Court on November 30, 2012 and completed the execution of the sentence on March 17, 2013; and (d) on July 26, 2013, the Defendant committed the instant crime without being aware of the fact that he/she was sentenced to a fine at the Busan District Court on the same kind of crime and committed the instant crime during the period of repeated crime.

However, considering the favorable circumstances, such as the fact that the defendant led to the crime of this case and reflects his mistake, the defendant appears to have been given an opportunity to satisfying and satisfying the unity of punishment through confinement for about three months, the defendant lives alone in an difficult economic situation, and living in good faith without re-offending, and the fact that the court below seems to have decided a sentence by fully considering the aforementioned unfavorable circumstances, and other factors of sentencing, including the defendant's age, character and behavior, environment, and circumstances after the crime, and the sentencing guidelines of the sentencing guidelines of the sentencing committee, the court below's sentence is too unreasonable. Thus, the prosecutor's assertion is without merit.

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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