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(영문) 창원지방법원 2013.04.11 2012노2121
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant has been punished several times (five times a fine) for the same or similar crimes, such as the violation of the Road Traffic Act (driving without a license) and the violation of the Road Traffic Act (five times a fine) in the past. On December 13, 201, the defendant was sentenced to the suspension of the execution of eight months for the reason of the violation of the Road Traffic Act (driving without a license) and the violation of the Road Traffic Act (driving without a license) in the Changwon District Court's Branch on December 13, 201, and was sentenced to the suspension of execution of eight months for the reason of the violation of the Road Traffic Act, and in light of the fact that the judgment became final and conclusive on December 21, 201, and again commits the instant crime, the punishment (three million won a fine)

2. Taking into account the circumstances alleged by the Prosecutor, the instant crime is not a mere unauthorized driving that causes traffic accidents due to the instant driving, and when the Defendant is sentenced to a sentence due to the instant case, a prison life should be added by adding a considerable period of time after the suspension of execution is invalidated. This is somewhat harsh compared to the risk of unlicensed driving (the Defendant acquired a driver's license, but was revoked on September 24, 2010). In full view of all the circumstances that may be considered in the circumstances leading up to the Defendant’s unlicensed driving of the instant case, the Defendant is led to confession and rebuttal of the Defendant, and the Defendant’s personality, conduct and environment, etc., and all other circumstances that are conditions for sentencing as shown in the record and arguments, the Prosecutor’s assertion is unreasonable. Therefore, the aforementioned assertion by the Prosecutor is without merit.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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